Delhi Court September 2004 Judgments
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Narender Dev Relan Vs. State and ors.
Court: Delhi
Decided on: Sep-09-2004
Reported in: 114(2004)DLT94; 2004(77)DRJ113
R.C. Chopra, J.1. This Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure is for quashing FIR No. 477 registered at P.S. Connaught Place, New Delhi under Section 406/420/120B IPC and the proceedings arising there from.2. The facts relevant for the disposal of this Writ Petition, briefly stated, are that the petitioner was carrying on the business of stock and share brokering under the name and style of M/s. R.K. Relan & Company, a partnership firm, which was a member of Delhi Stock Exchange. On 7.8.1998, this firm informed Delhi Stock Exchange that it was being dissolved w.e.f. 15.8.1998. On the said date, this firm was dissolved. The clients were informed about the dissolution of the firm. Delhi Stock Exchange issued notices to the creditors to submit proof of their outstanding dues/claims in pursuance of which respondents No. 2 to 5 also furnished their claims, which were verified by a Default Committee of Delhi Stock ...
D.S. Khurana Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: Sep-09-2004
Reported in: 2005(1)ARBLR75(Delhi); 2005(79)DRJ484
Mukul Mudgal, J.1. This is an petition under Section 11 of the Arbitration and Conciliation Act, 1996(hereinafter referred to as the `Act') for appointment of an independent arbitrator. 2. The petitioner entered into an Agreement dated 27th November, 2001 with the respondent for construction of JSC at I Block (120 seats) and J Block (40 seats), Y Block (80 seats), Y Block JJ (40 seats) and H Block (40 seats) vide Work Order No. 304/12.10.2001. The petitioner is the Sole Proprietor of M/s National Builders, engaged in the business of contractors and engineers and the respondent is the Municipal Corporation of Delhi(in short the `MCD'). Clause 25 of the general conditions of contract between the parties providing for settlement of disputes by way of arbitration reads as follows:-'Clause 25 : Except where otherwise provided for in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and as to the q...
Finesse Advertising Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-08-2004
Reported in: (2006)STR25
2. Applicant filed this appeal for waiver of pre-deposit of service tax of Rs. 11,781/- and penalty of the equal amount.3. The contention of the applicants is that they had already paid service tax in respect of service provided to their client whereas Revenue wants to charge service tax of the gross amount received by them. The applicants are only getting 15% of the amount for their service and the remaining amount was for publishing advertisement in the newspapers. This amount was given to the newspapers. Keeping in view the facts and circumstances of the case, I find that prima facie, the applicants have a strong case for waiver. Therefore, pre-deposit of service tax and penalty is waived. Adjourned to 24th November 2004 for arguments....
Kapoor International and ors. Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-08-2004
Reported in: (2004)(96)ECC465
1. The common issue involved in these appeals and therefore they are being taken up together.2. The appellant is having a private bonded warehouse licence issued under Section 58 & 65 of the Customs Act 1962. As per the condition of the licence the appellant is required to pay customs supervision charges. As the appellant failed to pay the above-mentioned customs supervision charges, show-cause notices were issued for recovery of the same. The adjudicating authority confirmed the demand. On appeals filed by the appellant the same were dismissed.3. The contention of the appellant is that during the period in dispute the appellant made export of sample consignment valued US $ 200 and no import was made. The contention is also that the custom supervision charges should be on actual basis, as the appellant had not made any request for supervision. Therefore, the demands are not sustainable.The contention of the Revenue is that the private bonded warehouse licence contains certain cond...
Clipsal Industries India Pvt. Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-08-2004
Reported in: (2004)(117)LC468Tri(Delhi)
1. In this appeal, which has been filed by the appellants against the impugned order-in-appeal, the issue relates to the imposition of penalty on the appellants for violation of the Condition-II of Notification No. 42/2001 dated 26.6.2001, for having failed to submit the proof of export within 6 months from the date of clearance of the goods, from the factory.2. The Id. Counsel has contended that the Condition No. II of the above said Notification prescribed period of six months only for the purpose of export of the goods by a manufacturer after the clearance from the factory premises and not for submission of proof of export before the competent authority for the discharge of the Bond. Therefore, the impugned order imposing penalty on the appellants for having failed to submit proof of export within six months, is bad in law and deserves to be set aside.3. On the other hand, Ld. JDR has reiterated the correctness of the impugned order.5. The facts are not much in dispute. The appella...
Cce Vs. A.C.C. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-08-2004
Reported in: (2005)(99)ECC611
1. Revenue filed this appeal against the Order-in-Appeal passed by the Commissioner (Appeals) whereby benefit of Modvat credit was allowed in respect of the parts of power plant as capital goods.2. The brief facts of the case are that the respondents are engaged in the manufacture of cement and they set up power plant in their cement plant to generate and captively consume the electricity in the manufacture of cement. The respondent availed credit in respect of the parts of the power plant. The revenue wants to deny the benefit of Modvat credit in respect of the parts which are used in setting up the power plant on the ground that the power plant is set up for the manufacture of electricity which is an intermediate product and the electricity is not specified goods covered under the definition of capital goods under Rule 57Q of Central Excise Rules, therefore, as per the provision of Rule 57-R of Central Excise Rules, the parts are not entitled for credit as capital goods. The other c...
ito Vs. Allied Metal Engg.
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Sep-08-2004
Reported in: (2005)2SOT81(Delhi)
This appeal has been filed by the revenue against the order of the CIT(A) dated 9-3-2000 for assessment year 1995-96 raising the following grounds of appeal: 1. That the learned CIT(A) has erred in law and facts of the casein deleting an addition of Rs. 1,94,622 on account of trading account under section 145 of the Income Tax Act.2. That the learned CIT(A) has erred in law and facts of the case in deleting an addition of Rs. 11,05,000 under section 40A(2)(b) of the Income Tax Act, 1961 on account of payment made to sister concerns.Hence the order of CIT(A) be quashed and that of assessing officer upheld." Before we advert to the aforementioned grounds of appeal, it would be useful to set out a few background facts. The assessee is a firm comprising two partners, namely, Shri Navin Kohli having 90% share and M/s. Navin Projects Pvt. Ltd. (NEPI- for short) having 10% share. The firm is engaged in the business of manufacturing and fabrication of rollers, CI parts, solar equipments, etc....
Ao Vs. Shiva Gases
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Sep-08-2004
Reported in: (2005)1SOT21(Delhi)
This appeal is filed by the revenue against the order of the CIT (A) dated 6-12-1999 for assessment year 1996-97. The revenue has raised the following grounds of appeal: "1. On the facts and in the circumstances of the case, the learned CIT (A) erred in holding the transactions of sale of shares to be genuine and treating the loss thereon as capital loss.2. On the facts and in the circumstances of the case, the learned CIT (A) erred in allowing the above relief without appreciating the fact that the sale of shares was manipulated through book entries to avoid the heavy tax liability on account of sale of tankers.3. On the facts and in the circumstances of the case, the learned CIT (A) erred in allowing the above relief without appreciating that the shares were of promoter quota and could not have been sold in the lock-in-period. It is submitted that the sale consideration was not received by the assessee also. The shares were lodged for transfer after close of the financial year. Furt...
Pt Sumber Mitra Jaya Vs. National Highways Authority of India and ors.
Court: Delhi
Decided on: Sep-08-2004
Reported in: I(2005)BC461; 114(2004)DLT16; 2004(76)DRJ641
Vikramajit Sen, J.1. This Suit pray for a Declaration which is essentially that the cancellation of the contract in respect of the Development of Adequate Road Connectivity to Mangalore Port-Contract Package-KR (New Mangalore) should be declared nullified with the consequence that the contract would continue to be in force. A permanent injunction has also been prayed for. 2. The dispute, however, as a history in that CS(OS) No.800/2004 had previously been filed by the Plaintiff praying for an ad interim injunction restraining the Defendants from encashing the Bid Guarantee furnished by the Plaintiff. I had granted an ex parte ad interim injunction on the grounds inter alias that the period of furnishing the Performance Guarantee had not expired and that an extension for this very purpose had been granted by the National Highways Authority of India (NHAI). Subsequently, after hearing the learned counsel for the Defendants, and being apprised, inter alia, of the uncontroverter fact that ...
Renu Narula and ors. Vs. Surinder Singh and ors.
Court: Delhi
Decided on: Sep-08-2004
Reported in: III(2004)ACC603; 114(2004)DLT203; 2004(77)DRJ137
R.S. Sodhi, J.1. FAO 55/1994 is directed against Award dated 18.11.1993 of the Motor Accident Claims Tribunal (for short 'Tribunal') in Suit No. 1032/88 whereby the learned Tribunal awarded a sum of Rs. 4,18,951/- to the petitioners on account of death of Shri Ashwani Kumar Narula in the accident which took place on 29.8.1988.2. Brief facts of the case, as noted by the Tribunal, are as under :'That on 29.8.88 at about 9.50 a.m. Deceased Ashwani Kumar Narula was driving his maruti car from his residence towards Patel Nagar. When his car stopped near the traffic light point of Moti Nagar crossing the offending bus No. DEP-5391 which was being driven rashly, recklessly and negligently by respondent No.1 came from the opposite direction and hit the traffic signal pole. As a result of the impact the pole fell on the maruti car causing fatal injuries to the deceased Ashwani Kumar Narula. According to the petitioners the deceased was aged about 34 years and his income was about Rs. 4,000/- pe...
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