Delhi Court November 2005 Judgments

Reserve Bank of India Vs. Al Falah Finlease Ltd.

Court: Delhi

Reported in: [2008]144CompCas798(Delhi); 125(2005)DLT453; [2009]89SCL401(Delhi)

A.K. Sikri, J. 1. A sum of Rs. 50 lacs has already been received and kept in the Court of Sh. Digvinay Singh, M.M. Patiala House, New Delhi.2. Reserve Bank of India has filed the winding-up petition against the respondent company known as Al-Falah Finlease Ltd. (hereinafter referred to as the 'Company') under Section 45MC of the Reserve Bank of India Act, 1934 (in short the 'RBI Act'). The company is admittedly a Non-Banking Finance Company (in short 'NBFC'). In view of amendment in the RBI Act requiring NBFCs to obtain registration from the RBI for doing such a business, the company made an application to the RBI for issue of certificate of registration under Section 45IA of the RBI Act on 2nd July, 1997. This application was rejected on 16th July, 1998. The company went in appeal before the Appellate Authority and the Appellate Authority allowed the appeal directing the RBI to re-open the application and consider the case afresh. Thereafter RBI carried out inspection of the company u...

Principal, College of Applied Science for Women Vs. Rajul JaIn and Ano ...

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

J.D. Kapoor, President: 1. By this common order we will be disposing of the above mentioned appeals as the same are filed against the impugned order dated 19.5.2005, passed by the District Forum. 2. Appellant, College of Applied Sciences for Women (hereinafter referred to as Appellant No. 1) is an institute, which runs four years degree course of BIS/BIT. Pursuant to the general publication in the newspapers the respondent applied for the said course and appeared for Entrance Examination and got admission against deposit of fee of Rs. 20,460 on 12.8.2000. She hardly started attending the classes and purchased books that on 25.8.2000 she came to know from some reliable sources that BIS in which she had taken admission was neither recognised by University Grant Commission nor by AICET and as such the course was not valid. In order to safeguard her future she took admission in combined Engineering Course conducted by UP Technical Board and got admission in Computer Science Education at Ag...

State Bank of India Vs. Professional Linkage Overseas

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

J.D. Kapoor, President: 1. Vide impugned order dated 19th February, 2000 the appellant Bank has been directed to pay a sum of Rs. 1,16,786 with interest @ 12% p.a. on account of firstly delaying the encashment of 60,000 Saudi Riyal and secondly by giving low conversion rate and thirdly for delaying payment for 19 days. 2. Feeling aggrieved, the appellant has directed this appeal. 3. Facts giving rise to this appeal, in brief, are as under : 4. On 17.4.1996 a swift message on swift code SBI NINBBwas sent to the State Bank of India, International Services Branch, Mumbai by the National Commercial Bank, Riyadh for payment of 60,000 Saudi Riyal to the account of the respondent with the Syndicate Bank, Nirman Vihar. As no information was received by the respondent they contacted the Manager, National Commercial Bank, Riyadh on telephone as well as FAX. The Manager, State Bank of India, International Services Branch, Mumbai was also contacted on phone as well as by FAX. The respondent was as...

Nitco Tiles Ltd. Vs. Designated Authority

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2006)(193)ELT17TriDel

1. Facts : The appellant-importer has challenged the final findings dated 4-2-2003 by the Designated Authority and the impugned notification issued on 1-5-2003 under Section 9A(1) of the Customs Tariff Act imposing anti-dumping duty with effect from 2-5-2002 and has prayed for holding that the final anti-dumping duty shall have only prospective effect, seeking modification of the notification on that basis.1.1 At the outset, it was made clear to us by the learned Counsel appearing for the appellant that the challenge against the impugned notification was being confined before us only to the extent that the notification levied the anti-dumping duty with effect from the date of its imposition, namely, 2-5-2002, and that, the prospective effect of the impugned notification from the date of its publication in the Official Gazette was not challenged.2. On 6-8-2001, the designated authority initiated the investigation on the basis of the petition filed by M/s. SPL Ceramics Ltd., M/s. H &...

Miraj Products Pvt. Ltd. Vs. C.C.E.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

1. Heard both sides. The applicant filed this application for waiver of pre-deposit of duty of Rs. 2,56,08,825/- and penalty of Rs. 25,00,000/-.2. Brief facts of the case are that the appellants are engaged in the manufacture of Chewing Tobacco. The applicants manufacturing chewing tobacco into pouches i.e. pouch containing 6 grams of chewing tobacco and zipper pouch containing 15 grams. There is no dispute in respect of the tobacco contained in 15 grams pouch. In the present case the dispute is in respect of small pouches containing 6 grams of chewing tobacco. The (SIC) of the revenue that these were assessable to duty under Section 4A of Central Excise Act whereas the appellant is paying duty under Section 4 of Central Excise Act. The adjudicating authority held that as these small pouches are packed in group which is having 33 small pouches and one zipper pouch containing 15 grams of tobacco, this group package is having the maximum unit price. The adjudicating authority of the vie...

Dcit Vs. Indag Rubber Limited

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2006)98ITD218(Delhi)

1. This appeal has been filed by the revenue on 7.12.2001 against the order of the ld. CIT (Appeals)-XXI, New Delhi dated 29.6.2001 in the case of the assessee in relation to assessment order under Section 143(3) for assessment year 1998-99.2. The main issue raised by the revenue in this case is directed against deletion of the disallowance of Rs. 1,70,74,0007- claimed by the assessee as liability payable to M/s. Rajasthan State Road Transport Corporation. Facts of the case leading to this ground of appeal briefly are that the assessee company entered on 24.7.1991 into an agreement with Rajasthan State Road Transport Corporation, hereinafter called RSRTC, for supply of four coal processed retreading plant, and retreading material. The assessee made supplies from June, 1991. RSRTC raised tyre failure claim as well as warranty claim in January, 1994 to the tune of Rs. 120 lacs relating to the period June, 1991 to May, 1993. Clause X of the Agreement provided for arbitration.The arbitrat...

Housing and Urban Development Vs. Joint Commissioner of Income Tax

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2006)102TTJ(Delhi)936

1. By the powers vested under Section 255(3) of the IT Act, 1961, the Hon'ble President, Tribunal, constituted Special Bench for answering the agreed question as under: Whether, on facts and in the circumstances of the case, the interest earned by the assessee-corporation from investments made by way of short-term deposits with public undertakings and also in the form of securities and bonds, etc. can be covered under the definition of 'loans and advances' chargeable to tax under Section 2(7) r/w Section 5 of the Interest-tax Act? 2. Shri Dwivedi appearing on behalf of the assessee contends that the interest-tax is payable on the amount of interest earned on loans and advances only, It does not include interest earned on funds invested in bonds or placed in fixed deposits. Scope of chargeable interest has been defined under Section 5 of the Interest-tax Act while Sub-section (7) of Section 2 of the Act defines interest to mean interest on loans and advances made in India. This definit...

Deputy Commissioner of Income Tax Vs. Eastern Medikit Ltd.

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2006)100TTJ(Delhi)382

1. This is an appeal filed by the Revenue against the order of the CIT(A)-XIV, New Delhi, in appeal No. 725/01-02, dt. 11th March, 2002 whereby the Revenue has taken two grounds of appeal, namely, the deduction allowed under Section 80-IA and the deduction allowed under Section 80HHC to the assessee.2. In the first ground of appeal, the Revenue has objected to the order of the CIT(A) allowing deduction under Section 80-IA at Rs. 97,97,898 as against Rs. 31,01,627 restricted by the AO.3. The brief facts of the case are that the assessee is a company engaged in the business of manufacture and sale of medical disposals like cannula, blood bags, I.V., etc. It has got various units, Out of the total 7 units, 5 units are engaged in the manufacturing activity whereas the remaining 2 units in the head office are in respect of share business and other business. The assessee-company has been maintaining separate accounts and computing its profit and loss of each of its units separately and comp...

Shri Partap Singh Vs. Shri Om Prakash and ors.

Court: Delhi

Reported in: 127(2006)DLT213

Pradeep Nandrajog, J. 1. Unfortunately, pleadings in the writ petition are very inchoate. There is hardly any co-relation between the annexures annexed to the writ petition and the pleadings. However, with the assistance of Counsel appearing for the parties, core area of the dispute could be gathered by me. While drafting writ petitions it is advisable for Counsel to keep in mind that pleadings in writ petitions are pleadings of fact, law and evidence. Documents annexed with the writ petition constitute the primary source of information and while making the pleadings in the writ petition in reference to the annexure filed, relevance of the annexure should be brought out with clarity. In the present day scenario when there is docket explosion in Courts, a little homework by lawyers helps to curtail Court hearing. 2. I am concerned in the present writ petition with 4 bigha and 16 bids was of land comprised in khasra No. 525 in the revenue estate of Village Kadipur. It appears from the pl...

Madhya Pradesh Bhawan Vs. Sh. Shiv Kumar Tiwari and anr.

Court: Delhi

Reported in: 125(2005)DLT395; 2005(85)DRJ538; [2006(108)FLR291]; (2006)ILLJ932Del

A.K. Sikri, J.1. These two writ petitions are between the same parties and have hearing on each other. thereforee, these were taken up for arguments together and are being disposed of by this common judgment.2. Writ Petition (C) No. 667/2002 arises out of award dated 20th August 1991 passed by Labour Court No. 2 in I.D. No. 233/89. By means of this award termination of services of Sh. Shiv Kumar Tiwari (hereinafter referred to as the 'workman') is held to be illegal and unjustified and the Labour Court has granted relief of reinstatement, continuity of service and back wages. Madhya Pradesh Bhawan (hereinafter referred to as the 'management') where the workman was employed, has filed this petition impugning this award. Writ Petition (C) No. 3276/95 is filed by the workman for regularisation of his services against the post of Air-conditioning Plant Operator on the ground that he has been working on this post for the last number of years.3. It would be appropriate the first deal with WP...