Mumbai Court August 2006 Judgments

Commissioner of Central Excise Vs. Remsons Industries Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. The issue involved in the present appeal is the classification of intermediate product viz. Outer Cable for Bicycles/manufactured by the respondents herein - whether under Chapter Heading 87.14 as parts of bicycle as claimed by the respondents and accepted by the Commissioner (Appeals), or under Chapter Heading 73.20 as spring of iron and steel, as contended by the Revenue.2. We have heard both sides. As per HSN Explanatory Notes to Heading 73.20, springs are made from sheet metal, wire or rod of an elastic quality, in such a way that they have the property of returning to their original form even after considerable displacement. The goods in question, although, made of steel are coated with PVC. The PVC is meant for providing protection to the inner cable and forms a hollow cylindrical sheath. The product does not have the property of returning to its original form even after considerable displacement and, therefore, does not have the elastic quality as per the HSN, although, the ...

Plaza Investments (P) Ltd. Vs. Income Tax Officer

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2007)108ITD239(Mum.)

1. This is a miscellaneous application, which seeks recall of the Tribunal's order dt. 31st May, 2001 on the ground that it suffers from such fundamental errors as has vitiated the very conclusion arrived at by the Tribunal. It is stand taken by the Tribunal, in the impugned order, to the effect that "when shares are held as part of the trading assets, dividend on those shares would form part of 'income from business'" which has been assailed in this petition.2. The fundamental errors, so pointed out, are two-fold--first, that the Tribunal deviated from a series of earlier decisions on the same issue in which the same issue was decided in favour of the assessee; and--second, that the Tribunal wholly misread the Hon'ble Supreme Court's judgment in the case of Western States Trading Co. (P) Ltd. v.CIT and Hon'ble Bombay High Court's judgment in the case of CIT v. Amritlal and Co. Ltd. , and gravely 3. We have heard the parties, perused the material on record and duly considered factual ...

Oriental Insurance Co. Ltd. Vs. Devram Pandurang Waghmare and anr.

Court: Mumbai

Reported in: I(2007)ACC728

Abhay S. Oka, J.1. Heard the Advocates appearing for the parties. Preliminary objection is raised by the learned Advocate appearing for the respondent No. 1 that the appeal at the instance of the appellant-Insurance Company is not maintainable in view of the decision of the Apex Court in the case of National Insurance Co. Ltd. v. Nicolleta Rohtagi reported in : [2002]SUPP2SCR456 .2. The appeal is preferred by the appellant-Insurance Company for challenging the judgment and award made in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988. Admittedly, the appellant was not granted a leave under Section 170 of the Motor Vehicles Act, 1988 and there is no defence raised which is covered by Sub-section (2) of Section 149 of the said Act of 1988.3. Mr. Vidyarthi appearing for the appellant placed reliance on decision of the Apex Court reported in 1958 65 ACJ 1, British India General Insurance Co. Ltd v. Captain Itbar Singh and Ors., and submitted that in the contract of...