Mumbai Court October 2002 Judgments
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Gujarat Sico Textiles Pvt. Ltd. Vs. Commissioner of Cus. and C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-18-2002
Reported in: (2003)(159)ELT269Tri(Mum.)bai
1. These four applications relate to four appeals filed by the same appellants. Although the Commissioner has passed four separate orders the issue and the appellants are also the same.2. In the impugned order duties have been confirmed and penalties imposed as indicated below :Appeal Nos. Duty (Rs.) Penalty (Rs.)E/1211/2002-Mum 51,62,881/- 1,00,000/-E/1215/2002-Mum 81,24,881/- 1,00,000/-E/1221/2002-Mum 2,34,04,877/- 1,00,000/-E/1241/2002-Mum 1,93,94,949/- 1,00,000/- 3. The applications are for waiver of pre-deposit of these sums. These four applications are dealt with together in this common order.4. The applicants are EOU engaged in sizing of yarn. Such sized yarn was cleared to 2 other EOUs. Show cause notices were issued seeking recovery of Central Excise duty on the goods so cleared and also alleging the liability of the applicants to penalty. The Commissioner in identical orders confirmed the duties and imposed penalties as listed above. Hence these appeals and the present appli...
Commissioner of Central Excise Vs. Suresh Engg. Works
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-18-2002
Reported in: (2003)(157)ELT288Tri(Mum.)bai
1. The respondents herein are engaged in the manufacture of various engineering products falling under Chapter 73, 84 and 85 of the Schedule to the Central Excise Tariff Act, 1985. In addition, they also carry out the work of repair at the site on old duty paid equipments supplied by customers. Vide letter dated 1-6-1995, ONGC entered into a lumpsum contract for repair of 5 Nos. of Heat Exchangers by replacement of new tubes. The Department was of the view that this amounted to assembly of new bundle tubes and since the heat exchanger mainly consists of bundle of tubes, the repair is process of manufacture of part of heat exchanger excisable under Chapter heading 8419.00. The Asstt. Commissioner directed that the assembly of tube bundles was required to be cleared on payment of duty at the rate of 15% ad valorem on the entire contract value. The Commissioner (Appeals) upheld the contention of the manufacturers that the process undertaken by them was repair/recondition not amounting to...
Gujarat State Fertilizers and Vs. Commr. of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-18-2002
Reported in: (2002)(146)ELT547Tri(Mum.)bai
1. This is an appeal filed by the appellant against the decision of the Commissioner of Customs (Appeals), Mumbai classifying the imported items of "Gel Documentation and Image Analysis System with Integrated Facility and Glossy Thermal Paper under chapter sub-heading 8471.91 and not under chapter sub-heading 9027.80 as claimed by the appellant.2. The appellant imported the above items and filed the bill of entry claiming the goods under chapter sub-heading 9025.80 at the time of import. They waive show cause notice. They filed technical note in respect of goods imported. The same is described at 20 of the paperbook which reads as under :- "PURPOSE : Some microbiological analysis requires analyzing genetic material or protein molecules contained in cells. This genetic material or DNA (Deoxyribo Nucleic Acid) cannot be seen with naked eye or even ordinary microscope. Routinely different DNA or protein molecules are separated form other cellular components under electrical field by a te...
Union of India (Uoi) Vs. R.K. Pathania
Court: Mumbai
Decided on: Oct-18-2002
Reported in: 2003(1)ALLMR239; 2003(3)BomCR110; 2003(1)MhLj516
H.L. Gokhale, J.1. The first Writ Petition, i.e., Writ Petition No. 3936 of 2002, is filed by Union of India against a Member of the Income-Tax Settlement Commission. The second petition i.e., Writ Petition No. 5983 of 2002 is filed against Union of India by the same member (hereinafter referred to as 'respondent'). Since both these petitions are concerning the same controversy viz., service quarters, both of them are being heard and decided together.2. Mr. Rana, learned Senior Counsel, along with Mr. Kulkarni, learned Advocate, appears on behalf of Union of India and Mr. Jain appears for the respondent R. K. Pathania in both the matters. The writ petition No. 3936 of 2002 seeks to challenge the order dated 7-6-2002 passed by the Central Administrative Tribunal, Mumbai (hereinafter referred to as 'C.A.T.') allowing the OriginalApplication (O.A.) No. 448 of 2002 filed by the respondent. The second petition i.e. Writ Petition No. 5983 of 2002 also challenges a part of the same order date...
Mitradevi @ Minitradevi Amrutlal Gupta Vs. State of Maharashtra and or ...
Court: Mumbai
Decided on: Oct-18-2002
Reported in: 2003(1)BomCR456; 2003(1)MhLj795
C.K. Thakker, C.J. 1. All the above three petitions have been filed by the petitioners being aggrieved and dissatisfied with the orders passed by the authorities in exercise of powers under the Maharashtra Scheduled Commodities Distribution (Second) Order, 1966. 2. To appreciate the controversy in the present petitions, few relevant facts in the first petition (Writ Petition No. 2956 of 2001) may be stated. 3. On June 1, 2000, the Controller of Rationing, Churchgate, Mumbai, respondent No. 3 herein, invited applications for allotment of a ration shop at Kandivali. The place earmarked was Lalajipada, Sanjay Nagar, Kandivali (W), Mumbai 400067. The Controller, in all, received 17 applications before the last date mentioned in the advertisement. The petitioner of Writ Petition No. 2956 of 2001 was one of them. The other two petitioners also applied for grant of licence. The Controller considered the cases of the applicants for grant of licence, and finally, by an Order dated August 14, 20...
Deepak Sadashiv Nikalje Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Oct-18-2002
Reported in: AIR2003Bom255; 2003(2)ALLMR187; 2003(1)BomCR481; (2003)1BOMLR371; 2003(2)MhLj44
R.M. Lodha, J.1. Deepak Sadashiv Nikalje - petitioner herein, is aggrieved by the orders passed by respondent No. 3 and respondent No. 2, on 9th October, 2000 and 8th June, 2001, respectively whereby the petitioner has been refused issuance of passport.2. The petitioner is an Indian citizen and claims to be a reputed film maker, having made film 'Vastav' which, according to him, was awarded the best film award for 1999 by various organisations in the film industry. He was born on 27th July, 1967 and as per his case he is staying in Bombay with his wife and two children. The petitioner was issued Indian passport bearing No. B-631528 on 4th December, 1986. Upon initial expiry of the passport after five years, the said passport was renewed for a further period of five years and it expired on 3rd December, 1996. On 15th February, 1999 the petitioner submitted an application for renewal/issuance of fresh passport to the Regional Passport Officer, Mumbai, (respondent No. 3). The application ...
City Builders Vs. Vysya Bank Ltd.
Court: Mumbai
Decided on: Oct-18-2002
Reported in: 2003(1)ALLMR188; I(2003)BC522; 2003(2)BomCR645
C.K. Thakker, C.J.1. Rule. Mr. Girish Kulkarni appears and waives service of Rule on behalf of the respondent. In the facts and circumstances, the matter is taken up for final hearing today.2. This petition is filed by the petitioner for quashing and setting aside an order passed by the Debts Recovery Tribunal II, Mumbai, in M.A. No. 54 of 2002 on July 24, 2002 and confirmed by the Debts Recovery Appellate Tribunal in Misc. Appeal No. 321 of 2002 on Septembers, 2002.3. It is not necessary to enter into larger question in view of the facts that the controversy raised in the present petition is of a limited nature.4. It is not in dispute that an ex parte decree came to be passed against the defendant-present petitioner on September 7, 2001 for Rs. 1,18,37,122.50 with interest at the rate of 16.5% per annum from the date of filing of the application till realisation.5. It was the case of the petitioner that he was not aware of ex parte decree passed against him. He came to know about the ...
Prabhakar Engineers Pvt. Ltd. Vs. Ramchandra Baburao Mohite and anr.
Court: Mumbai
Decided on: Oct-18-2002
Reported in: 2003(3)ALLMR596; 2003(4)BomCR412; 2003(2)MhLj823
S. Radhakrishna, J.1. By this petition the petitioner employer is challenging part I of the Award dated 29-6-1994 and part II of the Award dated 23-2-1995 passed by the II Labour Court, Pune in the Reference (IDA) No. 219 of 1987. 2. By the aforesaid Part I Award, the II Labour Court has given a finding that the enquiry held by the petitioner employer qua the respondent workman was not fair, proper and legal. Subsequent thereto, by part II of the Award, the learned Presiding Officer of the II Labour Court, Pune has partly allowed the Reference and the dismissal order issued to the workman was set aside and the petitioner employer was directed to re-instate the respondent workman with continuity of service with 40% backwages from the date of termination till the date of reinstatement. 3. Being aggrieved by both the Awards, mentioned hereinabove, viz. Part I Award as well as Part II Award, present petition has been filed by the petitioner employer contending that both the Parts of the Aw...
Dattatraya Ramchandra Phadnis Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Oct-18-2002
Reported in: 2003(3)MhLj691
B.H. Marlapalle, J. 1. The grievance raised in this petition is twofold namely (1) counting of pensionary service from 31-7-1957 instead of 1-6-1959 and (2) non-payment of gratuity amount though sanctioned.2. The petitioner came to be appointed as village level worker by order dated 28-7-1957 and was posted for the first time at Kalamnuri in Parbhani district. He was a government servant under the Divisional Commissioner, Aurangabad and on the formation of the Zilla Parishads with effect from 1-5-1962 he was allocated to the Zilla Parishad service and subsequently absorbed in the said service. On reaching the age of superannuation i.e. 58 years he retired on 30-9-1988 while he was holding the post of Block Development Officer (Class II).3. Initially the petitioner was absorbed in the Aurangabad Zilla Parishad service and on formation of Jalna as a separate district he was transferred to the Jalna Zilla Parishad and he held the post of Block Development Officer for about 5 years before ...
Eurotex Industries and Exports Ltd. and ors. Vs. Maharashtra State Ele ...
Court: Mumbai
Decided on: Oct-18-2002
Reported in: 2003(1)ALLMR699; 2003(2)BomCR801
H.L. Gokhale, J.1. The petitioner No. 1 in the first writ petition i.e. Writ Petition No. 6433 of 1999, claims to be a 100% export oriented unit manufacturing cotton yarn and fabrics at Kolhapur. The petitioner No. 2 is its director. For the purposes of setting up its own Captive Power Plant ('CPP' for short) to ensure stable supply of power to their unit, the petitioners applied in March 1997 to the respondent-Electricity Board followed by subsequent application of 25th November, 1997 in the prescribed form. No Objection Certificate under section 44 of the Electricity (Supply) Act, 1948 was granted on 7th January, 1998 by the respondent Board. The relevant clauses of this N.O.C. are Clauses A 1, 2, 4, 5, 10, B 1 and 5. They read as follows :-'A)1) The proposed 7 M.W. (1 x 3 MW & 1 x 4 MW) captive power plant will be used independently for existing load only. Single line diagram of the proposed arrangements of providing bus coupler and protections etc. may be got approved from E.E. (Te...
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