Delhi Court September 2007 Judgments
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Euroasia Global Thr. Its Proprietor Sangit K.K. Agrawal Vs. Commission ...
Court: Delhi
Decided on: Sep-18-2007
Reported in: 2007(123)ECC8; 2007(149)LC8(Delhi); 2008(221)ELT34(Del)
ORDERMadan B. Lokur and Dr. S. Muralidhar, JJ.CM No. 10529/20071. By this application under Section 151 of the Code of Civil Procedure the Petitioner seeks release of goods imported under bill of entry No. 583202 dated 24th April, 2007 on a value of US$ 1.90 per meter pending adjudication; a direction to Respondent No. 2 to release the seized Indian currency of Rs. 23.90 lakhs and to prohibit the said Respondent from requiring the Petitioner to maintain a minimum balance of Rs. 4.89 lakhs in the bank accounts of the Petitioner.2. The case of the Petitioner is that he is a regular importer of PU coated fabric. According to the Petitioner, he has been importing this fabric of 1.0 m.m. + - 3% thickness over a period of time and it is stated that over 300 such imports have been made from time to time.3. When the Petitioner imported the goods under the present bill of entry bearing number 583202 at the rate of US$ 1.55 per meter, the Respondents took action to seize these goods.4. Earlier, ...
National Insurance Co. Ltd. Vs. Smt. Chander Devi and ors.
Court: Delhi
Decided on: Sep-18-2007
Reported in: 2008ACJ1111; AIR2008Delhi28
Kailash Gambhir, J.1. By way of this appeal, the insurer i.e. National Insurance Company Ltd. has assailed the impugned award mainly on the ground that the insurer could not have been held responsible for payment of the compensation amount on account of the fact that the cheque towards premium issued by respondent No. 3 got dishonoured and pursuant thereto, the insurance policy was cancelled by the appellant. It was further contended that the appellant company being a public undertaking is not supposed to distribute public funds unless there is any legal liability of the insurance company under the contract of insurance to indemnify the loss. It is stated that the insurance cover note in the present case was issued by the appellant for a period w.e.f. 22.5.2000 to 21.5.2001 on receipt of the premium through cheque, but the said cheque was returned unpaid due to insufficient funds lying in the account of the insured as informed to the appellant by the banker of the insured vide memo dat...
Commissioner of Income Tax Vs. Eicher Consultancy Services Ltd.
Court: Delhi
Decided on: Sep-18-2007
Reported in: (2008)214CTR(Del)126
ORDER1. This appeal under Section 260A of the IT Act, 1961 ('Act') is directed against the decision dt. 15th Sept., 2006 passed by the Income-tax Appellate Tribunal, Delhi Bench 'A' Delhi (Tribunal') in ITA No. 464/Del/2002 for the asst. yr. 1996-97.2. The assessed entered into an agreement dt. 18th Sept., 1995 with M/s Whirlpool South East Asia Pte., Singapore ('Whirlpool') for providing consultancy services against payment of Rs. 67,82,500 as consultancy fee payable in US dollars. The assessed was to support Whirlpool operations located at Faridabad, India in the development of Master Facility and Productivity Study. For the relevant assessment year, the assessed claimed deduction of Rs. 60,46,224 under Section 80-O being 50 per cent of the gross income amounting to Rs. 1,20,92,449 in respect of the consultancy services provided to foreign clients. The said amount was received in US dollars.3. The AO held that the fees received for such services would not be eligible for deduction un...
In Re: Dabur Foods Limited and anr.
Court: Delhi
Decided on: Sep-18-2007
Reported in: [2008]144CompCas378(Delhi); [2008]88SCL325(Delhi)
Rekha Sharma, J.1. This is an application under Sections 391 and 394 of the Companies Act, 1956, for approving the scheme of amalgamation of Dabur Foods Ltd., transferor-company with Dabur India Ltd., transferee-company.2. The registered offices of the transferor and transferee-companies are situated at Delhi within the jurisdiction of this Court.3. The applicant-companies have enumerated the salient features of the scheme of amalgamation and have also produced a copy of the proposed scheme. According to the applicant the amalgamation will unlock operational efficiencies and derive synergies in the combined businesses. The amalgamation will provide better strategic insight into the operations of the combined company and will facilitate focus on the growth. The amalgamation is poised for meeting future growth and expansion opportunities with enhanced scale, profitability and global reach.4. The applicants have contended that no proceedings under Sections 235 to 251 of the Companies Act,...
Commissioner of C. Ex. Vs. R.V. Paranjape
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-17-2007
Reported in: (2008)10STR25
1. Heard both sides. Common issue is involved in these appeals, therefore, are being taken up together.2. Three appeals are filed by the assessee against the imposition of penalty in respect of late deposit of Service Tax. One appeal is filed by the Revenue for enhancement of penalty.3. The contention of the appellant is that the tax in respect of cargo handling service with effect from 16-8-2002 where new tax introduced they were not aware of the provisions, therefore, it was pointed out by the Revenue the appellant paid the amount of Service Tax along with interest, therefore, the appellants are not liable for any penalty.4. The Revenue pointed out that in the earlier appeals, the Tribunal vide Final Order No. A/424-425/05 dated 4-4-2005 upheld the order of imposition of penalty. The Revenue filed one appeal against the Order-in-Appeal No. 20-ST dated 15-9-2006 whereby the Commissioner (Appeals) reduced the penalty to Rs. 20,000/- and Revenue's contention is that penalty of Rs. 20,0...
The Federal Bank Ltd. Vs. Matt Hiller and anr.
Court: Delhi
Decided on: Sep-17-2007
Reported in: LC2007(3)380
Sanjay Kishan Kaul, J.1. The plaintiff has instituted the present suit for declaration and permanent injunction declaring the plaintiff bank to be the exclusive owner of the brand and/or domain name 'federal bank' and restraining the defendants from the use of the domain name/URL 'www.federalbank.co.in' or any other domain name so resembling the said domain name/URL.2. The plaintiff is a Scheduled Banking Company within the Banking Regulation Act, 1949 and duly registered under the Companies Act, 1956. The certified Memorandum of Association and Articles of Association of the plaintiff have been marked as Ex. PW1/2. The present suit has been instituted by one Shri S.K. Laul, the DGM and Constituted Attorney of the plaintiff by virtue of a Power of Attorney in his favor dated 28-05-1999 (Ex. PW1/1).3. It is stated that the plaintiff bank was incorporated in 1931 under the name of Travancore Federal Bank Ltd. which was later changed to 'The Federal Bank Limited' with the permission of th...
Punjab National Bank and anr. Vs. R.K. Jain
Court: Delhi
Decided on: Sep-17-2007
Reported in: 2008(2)SLJ65(Delhi)
Mukundakam Sharma, C.J.1. This appeal is directed against the order dated 22nd October, 2005 passed by the learned Single Judge allowing the writ petition filed by the respondent herein holding that the respondent is entitled to MMS-II with effect from the date he commenced officiating in the post of MMS-II as Manager on 10.12.1980 with further directions which are to the following effect:.the petitioner should be given consequential benefit of notional pay fixation for the intervening period also notional promotion, for the intervening period up to the date he filed the petition. The financial benefits accruing on account of such notional fixation of pay scales / promotion shall be admissible only w.e.f. 1-9-98 in accordance with the rule applicable in the respondent. The respondent shall comply with these directions with in three months from today. The writ petition is accordingly partly allowed to the extent indicated above. Rule made absolute in the above terms.2.The aforesaid conc...
Commissioner of Income Tax Vs. Hughes Escorts Communications Limited
Court: Delhi
Decided on: Sep-17-2007
Reported in: (2007)213CTR(Del)45; [2009]311ITR253(Delhi)
ORDER1. These appeals under Section 260(A) of the Income Tax Act, 1961 ('Act') are directed against the common order dated 31st May, 2006 passed by the Income Tax Appellate Tribunal ('Tribunal') Delhi Bench 'C', New Delhi in ITA No. 191 and 184/Del/2003 for the Assessment Year 1995-96.2. The assessed company which was incorporated on 17th March, 1992, is in the business of setting up satellite business communication systems for which a very small aperture terminal (' VSAT') equipment is used. As per the objects of the assessed Company, its main activities are to provide products and services to the Digital Satellite market place in India and to initially import and gradually produce in India, the 'Personal Earth Station' that is otherwise known as VSAT. The VSAT can be used only after establishing, maintaining and using the communication facilities on a license from the Department of Telecommunications ('DOT'), Government of India. The assessed made an application to the DOT for grant ...
Surendra M. Mittal and anr. Vs. National Consumer Disputes Redressal a ...
Court: Delhi
Decided on: Sep-17-2007
Reported in: AIR2008Delhi35
Sanjiv Khanna, J.1. The present Letters Patent Appeal is directed against order dated 2nd December, 2005 passed by the learned Single Judge dismissing the writ petition of the appellant. In the said writ petition, the appellant No. 1 had challenged orders dated 9th May, 2002, 29th September, 2003 and 16th August, 2004 passed by the National Commission constituted under the Consumer Protection Act, 1986 (hereinafter referred to as the Act, for short).2. The appellant, who appeared in person, argued that on 9th May, 2002, the National Commission had while reserving its order in First Appeal No. 49/1995 titled Ravinder Kumar v. Surender Kumar Mittal granted time to the parties to file their written synopsis and these were subsequently filed but the National Commission proceeded to dispose of the appeal itself on 9th May, 2002 by dictating an order in chamber. It was also stated by the appellant that no arguments were heard and addressed by parties on 9th May, 2002. Thus there has been vio...
Commissioner of Income Tax Vs. Moser Baer India Limited
Court: Delhi
Decided on: Sep-17-2007
Reported in: (2007)213CTR(Del)64
ORDER1. These appeals under Section 260(A) of the Income Tax Act, 1961 ('Act') are directed against the common order dated 1st March, 2006 passed by the Income Tax Appellate Tribunal ('Tribunal') Delhi Bench 'D', New Delhi in ITA No. 1568/Del/2001 and CO No. 112/Del/2005 for the Assessment Year 1996-97 concerning the penalty proceedings under Section 271(1)(c) of the Act.2. The assessed filed a return on 30th November, 1996 declaring a loss of Rs. 2,72,12,620/-. In the course of assessment proceedings it was noticed that although the assessed had excluded the income of floppy Unit II and III from its total income by claiming exemption under Sections 10A and 10B of the Act, the depreciation in respect of these units had been deducted from its income. An Explanationn was sought from the assessed in this regard. By its letter dated 8th January, 1999 the assessed submitted that the claim for depreciation was a clerical mistake. The assessed filed a revised computation. The assessed filed a...
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