Mumbai Court January 1999 Judgments
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Subhash Dudhani Vs. V.S. Bhosale and Others
Court: Mumbai
Decided on: Jan-21-1999
Reported in: 2000(5)BomCR301
ORDERD.G. Deshpande, J.1. This petition is filed by the original accused No. 2 for quashing the order of issue of process which was issued by the C.M.M., Esplanade, Mumbai, in C.C. No. 108/CW/93 and for dismissing the complaint as against the petitioner which was filed by the respondent under the provisions of the Customs Act, 1962 and under the I.P.C. 2. The facts giving rise to the complaint are as under :---That on 20-12-1991 respondent No. 2 Lallubhai Sukhabhai Solanki was apprehended at Sahar Airport by the Air Customs Officers, he was found to be carrying foreign currency US and Hongkong Dollar worth about Rs. 13 lacs and he was also found in possession of Indian currency of Rs. 20,450/-. On interrogation respondent No. 2 is alleged to have told the customs officer that it was the petitioner who handed over to him the aforesaid currency with instructions to hand over the same to one Mr. Kenny @ Kanhivalal Sukhwani of Hongkong. Pursuant to the said statement, the petitioner and th...
Kalanidhi and anr. Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-20-1999
Reported in: (1999)(82)LC417Tri(Mum.)bai
1. These are two appeals filed by M/s. Colour Prints and M/s Kalanidhi, Bombay against the common order-in-original passed by the Additional Collector, Central Excise, Bombay dt. 16.1.1989. By the impugned order excise duty of Rs. 2,47,890.37 was confirmed against the appellants.Monetary penalty of Rs. 35,000/- on each of the appellants as well as redemption fine of Rs. 1,000/- was also imposed by the same order.2. The charge against the appellants relate to clubbing of manufacture of printed cartons by both the firms and evasion of excise duty by suppressing the facts of production and clearance.3. Both the appellants M/s. Colour Prints and M/s. Kalanidhi are engaged in the manufacture of printed cartons falling under TI 17(3) of the erstwhile Central Excise Tariff. On the basis of intelligence, Show Cause Notices were issued to both the appellants on 22.5.1986 alleging contravention of various provisions of the Central Excise Rules and for having suppressed facts about production an...
Swastik Adhesives Industries Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-19-1999
Reported in: (1999)(85)LC224Tri(Mum.)bai
1. This is an appeal filed by the appellants against the decision of the Collector of Central Excise, Mumbai-III made in Order No.79/93-Collr. dated 30.9.1993 whereunder he had included installation and warranty charges in the assessable value of the photocopying machines.2. The appellants carrying on business at Thane manufactured xerox photocopying machines falling under Chapter heading 9009 of the Schedule to the Central Excise Tariff Act, 1985. These machines are manufactured as per instructions and design supplied by Kores (India) Ltd. It was observed that the appellants were not including price of photo conductive plates supplied by Kores to them and which in turn supplied with the machine and also not including the installation and warranty period service charges. Hence show cause notice was issued on 26th July, 1989 charging the appellants with the same. On 30th September, 1989 the appellants filed reply. After further hearing on 23.9.1993 the Collector passed the impugned ord...
Paramount Medicos P. Ltd. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-19-1999
Reported in: (1999)LC203Tri(Mum.)bai
1. This is an appeal filed by the appellant against the decision of the Collector of Customs-II, Mumbai made in the impugned order captioned above, whereunder, the Collector denied the benefit of Notification No.64/88-Cus., dated 1-3-1988. The appellant imported Hitachi Magnetic Resonance Imaging System Model MRP-20-2 by filing Bill of Entry No.3394, dated 3-11-1989 and IGM No. 2789/259, dated 2-11-1989. They also imported spares for medical equipment valued at Rs. 3,54,188, vide B/E No. 1057, dated 3-4-1991 and spares for MRI vide B/E No. 2699, dated 9-6-1991. The appellant claimed benefit of Notification No. 64/88 on the ground that they furnished certificate from DGHS in terms of this notification. The department alleged by its show cause notice dated 11-11-1994 that intelligence was received by the Collectorate that the importers had cleared medical eqipments fraudulently. It is also specifically mentioned that M/s. Paramount Medicos P. Ltd. was a Diagnostic Centre without any ind...
Rajesaheb Shahmidsaheb Nadaf-pinjari Vs. Dattatraya Appa Rawal
Court: Mumbai
Decided on: Jan-19-1999
Reported in: 1999(2)ALLMR344; 2000(1)BomCR81
ORDERR.M. Lodha, J.1. By this writ petition filed under Article 227 of the Constitution of India, the petitioner who was original defendant takes exception to the judgment and decree passed by the 3rd Addl. District Judge, Sangli on 22nd September, 1989 confirming the judgment and decree passed by the IInd Joint Civil Judgj, Jr. Division, Sangli on 29th September, 1983.2. Dattatraya Appa Rawal, the respondent herein is owner of the property viz. Block No. 98, Room No. 12, situate at Shukrawar Peth, Madhavnagar, Miraj, Sangli. For the sake of convenience, the respondent owner shall be referred to hereinafter as 'Landlord' and the said property as 'said premises'. The petitioner Rajesaheb Shahmidsaheb Nadaf Pinjari was inducted as tenant in the said premises by the landlord at a monthly rent of Rs. 9/- per month by the erstwhile owner somewhere in the year 1954. For the sake of convenience, I shall refer the petitioner hereinafter as 'tenant'. The said premises were purchased by the land...
Tata Finance Ltd. Vs. Chemox Chemical Industries Ltd.
Court: Mumbai
Decided on: Jan-19-1999
Reported in: AIR1999Bom196; 1999(2)BomCR286; [2000]100CompCas338(Bom)
F.I. Rebello, J. 1. Leave under Rule 19(3) of the Companies (Court) Rules, 1959, granted to the applicants to take out a judge's summons in terms of draft judge's summons handed in. By consent, made returnable forthwith.2. The petitioners have filed the petition for winding up against the company. By order of this court dated November 13, 1998, the official liquidator was appointed as provisional liquidator. By the present application, the company has moved this court to stay the order dated November 13, 1998, admitting the company petition and appointing the official liquidator as the provisional liquidator till the disposal of the reference under the BIFR. By a further prayer Clause (b), the company has prayed that the official liquidator be restrained from taking further steps as per the order of this court dated November 13, 1998, without obtaining any prior permission from the BIFR.3. A few facts need be stated.4. A petition for winding up was filed in this court on May 18, 1998. ...
Pure Enterprises Pvt. Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-18-1999
Reported in: (1999)(111)ELT407Tri(Mum.)bai
1. These two appeals are filed by M/s. Pure Enterprises Pvt. Ltd. and its Manager Shri Sanjay B. Bhaskar against the above captioned impugned order dated 30-9-1994 of the Collector of Central Excise & Customs, Rajkot praying for setting aside the same, consequential relief and for such other relief as deem fit in the facts and circumstances in the case.1. The facts of the case are that the appellants are the manufacturers of Industrial Oxygen Gas falling under Chapter sub-heading No. 2804.11 and are registered under Central Excise provisions, and not SSI unit, and paid duty at normal rate of Rs. 1/- per cubic metre on 30-5-1993, Superintendent of Central Excise AR, Sihor, along with his staff and officers visited the unit of the appellants and found 3 trucks were parked in the compound of the appellant factory out of which two trucks contained 200 cylinders each of Oxygen Gas and the third truck was empty. Gate passes were not produced for the same. The Panchas were secured and pa...
Continental Corporation Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-18-1999
Reported in: (1999)(65)ECC510
1. This is the party's appeal, against the above captioned order dated 24-1-1995 of the respondent praying for setting aside the same, and to hold clove is not covered by the list of canalised, and for granting refund of fine and penalty.2. The facts of the case are that the appellants filed a bill of entry on home consumption No. 2796, dated 12-5-1993 through their clearing agent M/s. Azad Shipping Agency 11/234 for the clearance of 8,000 kgs.of clovesterns for a total CIF of Rs. 32,000/- which was shipped by M/s. Multi-foods Pvt. Ltd. Colombo vide Invoice No. EX/890/93, dated 3-5-1993. It is of Sri Lanka origin. Appellant claimed under OGL (other than negative list goods) goods was examined and representative sample was called for by the group for inspection. On perusal of the sample it appeared that the goods were rightly classifiable under Chapter Heading 0907.00 which covers cloves (whole, fruit, cloves and stems). Since it was shipped from Sri Lanka the benefit of Notification N...
S.P. Badiani and ors. Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-18-1999
Reported in: (1999)(85)LC190Tri(Mum.)bai
1. All these applications have been filed for seeking waiver of pre-deposit of duty levied under Additional Duties of Excise (Goods of Special Importance) Act, 1957 and penalty levied on all the appellants.The order also inflicts a fine of Rs. 15 lakhs. The order also imposes confiscation of land, building, plant and machinery for violation of the Act of 1957.2. When the matter came up for hearing, as the question raised in these appeals are falling in narrow compass and based on decided issues of the earlier order of the Tribunal, therefore all the appeals were taken up for hearing waiving pre-deposit with the consent of both parties.3. The appellant Sadhana Textile Mills is engaged in the manufacture of processing of textile fabrics falling under Chapters 52,54 & 55 of the Schedule to the Central Excise Tariff Act, 1985. The charge against the appellant in the show cause notice is that he has mis-declared the actual composition of fabrics, the actual value of processed fabrics, ...
interport Impex Pvt. Ltd. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-18-1999
Reported in: (1999)LC206Tri(Mum.)bai
1. Appeal taken up for disposal with the consent of both sides. The appeal is against the order dated 10th December, 1998 of the Commissioner of Customs, Mumbai suspending, under the provisions of Rule 21(2) of the Custom House Agent Regulation, 1984; the Custom House Agent licence issued to the appellant.2. When the application for stay of operation of this order was heard on 21-12-1998 it was argued by the Advocate for the appellant that the appeal itself might be decided. The matter was adjourned thrice for the departmental representative, thereafter to verify from the Commissioner the fate of the application made by the appellant for withdrawing the order of suspension. We are told by the departmental representative that their representation has been rejected.3. The Commissioner ordered suspension on the ground that appellant's employee Dinesh Yadav obtained fraudulently four refund orders in collusion with an employee of the department to the extent of Rs. 16.43 lakhs. It appears...
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