Kolkata Court May 2014 Judgments
Fratelli Cosulich Bunkers (Hk) Limited Vs. the Owners and Parties Inte ...
Court: Kolkata
Decided on: May-29-2014
ORDER SHEET T. No.187 of 2014 T.A.No.93 of 2014 G.A.No.of 2014 A.S.No.of 2014 IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION ORIGINAL SIDE FRATELLI COSULICH BUNKERS (HK) LIMITED Versus THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V.YANGTZE XING XIU BEFORE: The Hon'ble JUSTICE JOYMALYA BAGCHI Date: 29th May, 2014. (Vacation Bench in Chamber) Appearance: Mr.Aniruddha Mitra, Adv.Mr.Subhojit Roy, Adv. for the petitioner Mr.Swarajit Dey, Adv. for the defendant The Court: Upon mentioning the matter is treated as on the days list. The parties agree to the following modifications of the order dated 27th May, 2014 :- 1. The petitioner may furnish counter security in the form of demand draft which is produced before me to the Marshal, High Court, Calcutta and a copy whereof will be handed over to the Advocate-on-Record in couRs.of the day. The Marshal shall deposit the same with the Registrar, Original Side by 2nd of June, 2014. 2 2. The order of arrest is subject to the defendants fu...
Tag this Judgment!Zeeshan Oils Trading Fze Vs. the Owners and Parties Interested
Court: Kolkata
Decided on: May-29-2014
ORDER SHEET T. No.188 of 2014 T.A.No.94 of 2014 G.A.No.of 2014 A.S.No.of 2014 IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION ORIGINAL SIDE ZEESHAN OILS TRADING FZE Versus THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V.YANGTZE XING XIU BEFORE: The Hon'ble JUSTICE JOYMALYA BAGCHI Date: 29th May, 2014. (Vacation Bench in Chamber) Appearance: Mr.Aniruddha Mitra, Adv.Mr.Subhojit Roy, Adv. for the petitioner Mr.Swarajit Dey, Adv. for the defendant The Court: Upon mentioning the matter is treated as on the days list. The parties agree to the following modifications of the order dated 27th May, 2014 :- 1. The petitioner may furnish counter security in the form of demand draft which is produced before me to the Marshal, High Court, Calcutta and a copy whereof will be handed over to the Advocate-on-Record in couRs.of the day. The Marshal shall deposit the same with the Registrar, Original Side by 2nd of June, 2014. 2 2. The order of arrest is subject to the defendants furnishing secur...
Tag this Judgment!Rashmi Metaliks Ltd. and anr Vs. the Kolkata Municipal Corporation and ...
Court: Kolkata
Decided on: May-29-2014
ORDER SHEET T. No.186 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RASHMI METALIKS LTD.AND ANR Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date : 29th May, 2014. (VACATION BENCH) Appearance : Mr.Mainak Bose, Adv.Mr.Prabhat Kumar Srivastava, Adv.Mr.A.Bag, Adv.Ms A. Saha, Adv. for the petitioners Mr.A.K. Ghosh, Adv.Mr.S.K. Debnath, Adv.Ms.P.Sengupta, Adv. for the K.M.C.Respondent The Court : This writ application has been preferred by the present writ petitioner praying for an order to restrain the K.M.C.from proceeding with the process of the second tender and to direct the K.M.C.to issue the work order in view of the fiRs.invited tender. 2 This Court has heard the matter at length. It is the contention of the present petitioner that as per the notice inviting tender this petitioner was adjudged as the lowest bidder (page 32 dated 19.03.2014) as per letter written by the K.M.C.In his turn the pres...
Tag this Judgment!Zeeshan Oils Trading Fze Vs. the Owners and Parties Interested
Court: Kolkata
Decided on: May-27-2014
ORDER SHEET T. No.188 of 2014 T.A.No.94 of 2014 G.A.No.of 2014 A.S.No.of 2014 IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION ORIGINAL SIDE ZEESHAN OILS TRADING FZE Versus THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V.YANGTZE XING XIU BEFORE: The Hon'ble JUSTICE JOYMALYA BAGCHI Date: 27th May, 2014. (Vacation Bench) Appearance: Mr.Jishnu Saha, Adv.Mr.Aniruddha Mitra, Adv.Mr.Subhojit Roy, Adv.Mr.Rohit Mukherji, Adv. for the petitioner Mr.Krishna Raj Thaker, Adv.Mr.Swarajit Dey, Adv. for the defendant The Court: Mr.Saha, learned Advocate appearing for the petitioner/plaintiff submits that the claim is a maritime claim, inasmuch as, it relates to outstanding dues owing to supply of bunkers for the voyage of the vessel M.V.Yangtze Xing Xiu pursuant to order placed at the behest of M/S.Orient Maritime International Limited, the agent of its owneRs.He further submits that the dues have been acknowledged in an electronic mail sent by the agent and the same are admittedly outstandin...
Tag this Judgment!Fratelli Cosulich Bunkers (Hk) Limited Vs. the Owners and Parties Inte ...
Court: Kolkata
Decided on: May-27-2014
ORDER SHEET T. No.187 of 2014 T.A.No.93 of 2014 G.A.No.of 2014 A.S.No.of 2014 IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION ORIGINAL SIDE FRATELLI COSULICH BUNKERS (HK) LIMITED Versus THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V.YANGTZE XING XIU BEFORE: The Hon'ble JUSTICE JOYMALYA BAGCHI Date: 27th May, 2014. (Vacation Bench) Appearance: Mr.Jishnu Saha, Adv.Mr.Aniruddha Mitra, Adv.Mr.Subhojit Roy, Adv.Mr.Rohit Mukherji, Adv. for the petitioner Mr.Krishna Raj Thaker, Adv.Mr.Swarajit Dey, Adv. for the defendant The Court: Mr.Saha, learned Advocate appearing for the petitioner/plaintiff submits that the claim is a maritime claim, inasmuch as, it relates to outstanding dues owing to supply of bunkers for the voyage of the vessel M.V.Yangtze Xing Xiu pursuant to order placed at the behest of M/S.Orient Maritime International Limited, the agent of its owneRs.He further submits that the dues have been acknowledged in an electronic mail sent by the agent and the same are admitte...
Tag this Judgment!M/S. New Central Jute Mills Co.Ltd. Vs. Commissioner of Central Excise ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: May-26-2014
Dr. D.M. Misra, J. 1. This is an Appeal filed against Order-in-Appeal No.09/Kol-VII/2011 dated 27.01.2011 passed by the Commissioner of Central Excise(Appeal-I), Kolkata. 2. Briefly stated the facts of the case are that the goods were damaged/lost due to a fire broke out in the Appellants godown No.LS-3 on 18.12.2006 for which the Appellant had requested for remission of duty involved on such goods under the relevant Rules. The said remission application was rejected by the department on 16.03.2009. Consequently the demand notice has been issued proposing recovery of duty on the lost/destroyed goods in fire. 3. On the commencement of the proceeding the Ld.A.R. for the Revenue Shri S.Chakraborty raised a preliminary objection submitting that since this is a case of loss of goods, during storage in the factory, therefore, this Tribunal has no jurisdiction to entertain the Appeal against the order of the Ld.Commissioner(Appeals) by virtue of Section 35B of Central Excise Act, 1944. In sup...
Tag this Judgment!M/S. Associated Manufacturers India Vs. Commr of Central Excise and Se ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: May-23-2014
DR. D.M. MISRA, J. 1. This is an application filed seeking waiver of pre-deposit of duty of Rs.22,873/- and equal amount of penalty imposed under Rule 15 of CENVAT Credit Rules, 2004. 2. The Ld. Advocate at the outset, submits that the Ld. Commr. (Appeals) has not decided issue on merit but dismissed for non-compliance with the direction of pre-deposit. He submits that they manufactured MS Bolts and screws and purchased Nuts from the market and the same were supplied alongwith M.S. Bolt and Screws to make it a complete set. He submits that CENVAT Credit on Nuts were denied on the ground that no manufacturing activity was involved in relation to MS Nuts. He submits that the issue is covered by the decision of this Tribunal in the case of M/s. Crompton Greaves Ltd. Vs. Commr. of Central Excise, Mumbai-III reported in 2008 (230) E.L.T. 488 (Tri.-Mumbai). He submitted that they have a strong prima facie case on merit. 3. The Ld. A.R. for the Revenue accepted that the issue has not been dec...
Tag this Judgment!M/S. Sendoz Commerial Pvt. Ltd. Vs. Coal India Limited and anr.
Court: Kolkata
Decided on: May-22-2014
T. No.183 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction M/S.SENDOZ COMMERIAL PVT.LTD.Versus COAL INDIA LIMITED AND ANR. BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 22nd May, 2014. (VACATION BENCH) For the Petitioner : Mr.Debashis Kundu, Adv.Mr.R.N. Barik, Adv.For the Respondent : Mr.Nikhil Kr. Roy, Adv.Mr.Partha Basu, Adv.The Court : This writ petition pertains to e-auction. The petitioner was successful in the auction and took delivery of the goods upon making payment. About eighteen months later a supplementary bill was raised by the respondents on the petitioner for an amount of Rs.29,94,906.38/-. The petitioner disputes this bill. In accordance with the arbitration clause in the contract between the parties the petitioner requested the respondent no.2 for appointment of an 2 Arbitrator but the same was not done, on grounds which were found to be unmaintainable by this Court in WP No.1207(W) of 2014 which the petitioner was compelled to file since...
Tag this Judgment!M/S. Rohit Ferro Tech Ltd Vs. Commr. of Central Excise , Bolpur
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: May-22-2014
DR. D.M. Misra, Advocate. 1. This is an application filed seeking waiver of pre-deposit of duty of Rs.42.42,925/- and equal amount of penalty imposed under Section 11AC of CEA, 1944. 2. At the outset, the Ld. Consultant Shri Bhattacharyaya for the applicant submits that during the period January, 2008 to March, 2008, Ferro Manganese Slag generated during the course of manufacture of Ferro Manganese. He further submits that the same were duly accounted for in their Daily Stock Account (DSA) and used in the factory in the manufacture of Silico Manganese falling under Chapter 7202.00 of CETA, 1985 and since there was no columns in the ER-1 during the respective period, requiring an assesse to show the opening balance (OB) and closing balance (CB), therefore, they did not mention its OB/CB in the respective Return. He has categorically submitted that this Ferro Manganese Slag have been duly accounted for in their DSA and subsequently used in the manufacture of Silico Manganese, also fallin...
Tag this Judgment!M/S. Bharat Sanchar Nigam Ltd. Vs. Commissioner of Central Excise and ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: May-21-2014
Dr. D.M. Misra, J. 1. This is an Application seeking waiver of predeposit of Service Tax of Rs.18.88 lakh and penalty of Rs.51.26 lakh. 2. At the outset, ld. Advocate for the Applicant submits that initially, the demand was issued for a total amount of Rs.51,26,000/- which comprises of wrong availment of CENVAT Credit of Rs.32.37 lakh and short payment of Service Tax of Rs.18.88 lakh. He submits that the ld. Commissioner (Appeals), even though in the impugned Order-in-Appeal, their plea on disallowance of the CENVAT Credit is allowed, but no finding had been recorded on the short payment of service tax, in spite of the fact that in the memorandum of appeal, they had explained about the said issue of short payment of service tax. He also submits that the ld. Commissioner (Appeals) had also not recorded finding on the imposition of penalty by the Adjudicating Authority, even though he has reduced the demand substantially from Rs.51.00 lakh to Rs.18.00 lakh. 3. Ld. AR for the Revenue fair...
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