Mumbai Court August 2007 Judgments
Commissioner of Central Excise Vs. Indian Oiltanking Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-31-2007
Reported in: (2008)9STR147
1. The brief facts of the case are that the respondents herein (hereinafter referred to as the assessees), engaged in providing taxable services of (1) storage and warehousing, (2) port services and (3) consulting engineering services, filed a claim of refund of Rs. 11,27,498/- under the head "commissioning and installation" for the months of September and October 2003, on the ground that the turnkey works contract entered into by them with Indian Oil Corporation Ltd., Gujarat Refinery, for construction of storage tank for offsite and utility of LAB project, was a lump sum contract for entire work of drawing, designing and procurement of materials and tank construction, and cannot be split into individual components for the purpose of levying service tax. Their claim was based upon the apex court's decision in CCE v. Daelim Industrial Co. Ltd. (SC), upholding Tribunal's order , by dismissal of the Revenue's SLP, wherein the Tribunal held that a works contract cannot be vivisected and ...
Tag this Judgment!Shree Krishna Textiles Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-31-2007
Reported in: (2008)(125)ECC100
1. This appeal is directed against Order-in-Appeal No. ZBN/243 M.V/2000 dt. 24.7.2000.None appeared on behalf of the appellant despite notice but the appellants have put on record a written submission and requested for disposing the appeal based on such written submission.2. Heard the Ld. SDR and perused the records. The issue involved in this case is regarding the confirmation of Central Excise duty based on the length of the fabrics embroidered at any given point of time by a machine which is having two rollers. It is the case of the Revenue that the machine which is having two rollers will produce the double the production of embroidered fabrics and hence the duty has to be demanded from the first needle of the first roller to the last needle of the Second roller. Both the lower authorities had held that it is so. On perusal of the written submissions made by the appellant we find that the very same issue has been decided by the division bench of this Tribunal in the cases of: (a) ...
Tag this Judgment!Assistant Commissioner of Income Vs. Fgp Ltd.
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Aug-31-2007
Reported in: (2008)114TTJ(Mum.)655
1. This appeal by the Revenue arises out of the Order passed by learned CIT (A) on 4th Feb., 2002 in relation to the asst. yr. 1996-97.The only ground raised by the Revenue in this appeal is against deletion of addition of Rs. 1,35,00,000 made on account of royalty accrued as per the agreement entered into between M/s UP Twiga Fibreglass (hereinafter called as UPT) and the assessee.2. Briefly stated, the facts of this ground are that the assessee appended a note to Annex. 1 to its tax audit report stating that it had not accounted for royalty income as it was unable to ascertain the amount due to the non-availability of necessary information and the same would be accounted for as and when it become ascertainable. It was also disclosed that the royalty agreement was in force upto 31st Dec., 1995. The assessee, in the course of assessment proceedings was required to file the copy of royalty agreement along with other details including a copy of suit filed by UPT. The assessee filed the ...
Tag this Judgment!Guru Nanak Educational Society, a Society Registered Under the Provisi ...
Court: Mumbai
Decided on: Aug-31-2007
Reported in: 2008(3)BomCR374; (2007)109BOMLR2011; 2007(6)MhLj355
R.C. Chavan, J.1. Rule. Rule is made returnable forthwith by consent of the learned Advocates for the parties.2. These petitions raising a common question about admission to professional Colleges, which receive approval from All India Council for Technical Education (for short, AICTE) after the commencement of Combined Admission Process (for short, CAP.), are being disposed of by this common judgment.3. The admission process for Engineering and Technology Streams commenced by issuance of admission brochure in June-July 2007. The brochure contains a stipulation in Clause 2.6.4 that as per AICTE approval received on or before 30-6-2007, final sanctioned intake for all the courses of all the institutes coming under CAP will be displayed on the website of the department. The admission notification was itself issued on 9-7-2007 and the last round of admissions, that is CAP Round-IV, was concluded on 19-8-2007. Candidates were to report to respective institutions by 21-8-2007 and the cut-off...
Tag this Judgment!Krishna S/O Panchamrao Khopade Vs. Satish S/O Jhaulal Chaturvedi and o ...
Court: Mumbai
Decided on: Aug-31-2007
Reported in: 2007(6)ALLMR96
K.J. Rohee, J.1. This is an election petition under Section 80 of the Representation of People Act, 1951 by an elector challenging the election of the returned candidate from 134-Nagpur East Legislative Assembly Constituency. 2. The facts which are undisputed can be stated thus:The Programme of General Election 2004 for Maharashtra Legislative Assembly was declared on 15.9.2004 as under:i) Last Date for submission of Nomination Papers 22.09.2004ii) Scrutiny of Nomination Papers 23.09.2004iii) Last Date for withdrawal of Nomination Papers 25.09.2004iv) Polling 13.10.2004.v) Declaration of Result 16.10.2004. 3. Shri Satish Jhaulal Chaturvedi (R-1) represented 134 Nagpur-East Legislative Assembly Constituency during the elections of 1980, 1990 and 1995 as the candidate of Indian National Congress. He had lost only one election of the year 1985 wherein he had contested as an independent candidate. On 22.9.2004 R-1 presented his nomination paper to the Returning officer of 134 -Nagpur East ...
Tag this Judgment!Vardhaman Dye-stuff Industries Pvt. Ltd. and ors. Vs. M.R. Shah
Court: Mumbai
Decided on: Aug-31-2007
Reported in: 2008(1)BomCR332; (2007)109BOMLR1974; [2009]149CompCas345(Bom)
Anoop V. Mohta, J.1. The appellants, (Original respondent) being dissatisfied by the impugned order dated 17th January, 2005 passed by the Company Law Board, Principal Bench, New Delhi (for short, 'CLB'), have preferred present appeal under Section 10(f) of the Companies Act-1956 (for short,' Companies Act').2. In the year 2000-2001 the respondent raises certain disputes with the appellants. In the month of December, 2001, the respondent files a petition No. 2 of 2002 under Sections 397 and 398 of the Companies Act, 1956 before the Company Law Board, New Delhi against the Appellants. 3. On 27/01/2005, by the impugned order the CLB though holds that no case of oppression has been made out by the Respondent, yet directed the Appellants to purchase the shares of the respondent. Hence the appeal. 4. The relevant conclusion as arrived at by the CLB is as under:36. I find that the petitioner has been indulging in forum shopping and she was aware of everything happening in the company till th...
Tag this Judgment!Shri Prakash Son of Vitthalrao Tale Vs. Resident Deputy Collector,
Court: Mumbai
Decided on: Aug-31-2007
Reported in: 2007(6)ALLMR333; 2008(2)BomCR877; 2007(6)MhLj352
A.H. Joshi, J.1. Rule. Rule is made returnable forthwith. Heard respondent nos. 1 and 2. Respondent No. 3 is not a party required to be heard, as its interest is being espoused by petitioner himself. 2. The programme for preparation of a Voters' List of the Respondent No. 2-Society had commenced, initially by order dated 17th November, 2006, and the Voters' List was finalized. The elections, however, could not be held due to general orders issued by the Government postponing the elections till the end of 31st March, 2007. Thereafter, Collector issued a fresh programme dated 5th April, 2007 for preparation of a Voters' List. The last date fixed for this purpose in the said programme was 30th May, 2007. 3. In the meantime, the petitioner herein filed a Writ Petition bearing No. 3808 of 2007 and during pendency of the said petition, the Collector, Amravati, issued the election programme dated 27th July, 2007. 4. According to the petitioner, the respondent No. 3Society had adopted a resolu...
Tag this Judgment!Parbhat S/O Shekuba Pawar Vs. Swati @ Pushpa W/O Parbhat Pawar
Court: Mumbai
Decided on: Aug-31-2007
Reported in: 2007(6)ALLMR289; 2008(1)BomCR827; 2007(6)MhLj277
M.G. Gaikwad, J.1. Heard learned advocates for respective parties.2. This appeal is preferred by appellant-husband feeling aggrieved with the judgment of Judge, Family Court, Aurangabad in Petition No. A-440/2003 whereby the petition preferred by this appellant under Section 13 of Hindu Marriage Act 1955 for dissolution of marriage is dismissed and by allowing counter claim preferred by respondent-wife a decree for restitution of conjugal rights is passed against the appellant.The facts relevant for the purpose of this appeal are as under:3. The marriage of this couple was performed on 2-5-1994 as per Hindu riles and customs. The couple is having one daughter by name Tejashree who was six years of age at the time of filing of the petition. The husband is serving in M.S.C. bank branch at Aurangabad since 1992. The respondent-wife is qualified and possessing educational qualification M.A. B.Ed. After the marriage when she was cohabiting with the husband, she was insisting that the husban...
Tag this Judgment!Ram Avadh Mahel Pal Vs. Shivdutta Educational Trust and ors.
Court: Mumbai
Decided on: Aug-31-2007
Reported in: 2007(6)ALLMR716; 2007(6)BomCR23; 2007(6)MhLj659
ORDERD.Y. Chandrachud, J.1. The reference before the, Full Bench has been occasioned by an order dated 21st August, 2006 passed by a Learned Single Judge. The Learned Single Judge formulated the issue upon which there are conflicting judgments of two Division Benches of this Court and which consequently required a determination by the Full Bench, thus:Whether the Shikshan Sevak on completion of three years or 30 months service appointed on regular basis as an Assistant Teacher in a school in terms of Clause 8 of the Government Resolution dated 13th October, 2000 is required to be appointed as a confirmed teacher or a teacher on probation?2. In a judgment dated 11th December, 2003 delivered by a Division Bench of this Court consisting of Dr. Justice S. Radhakrishnan and Mr. Justice V.M. Kanade in Swati Vasant Patil v. Kandivli Education Society Writ Petition 2627 of 2003, the Court held that Clause 8 of the Government Resolution dated 13th October, 2000 indicated that on the satisfactor...
Tag this Judgment!Santanu Jagatbandhu Sinha and anr. Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-31-2007
Reported in: AIR2007Bom206; 2007CriLJ4664
ORDERC.L. Pangarkar, J.1. Rule.2. Returnable forthwith.3. Heard finally with consent of parties.4. These two applications under Section 482 of Criminal Procedure Code can be decided together since the parties to the petition are identical and questions involved are also almost common.5. By Criminal Application No. 781 /2007 the applicant seeks to quash the Criminal Complaint Case No. 1505/2001 on the file of Judicial Magistrate First Class Gondia. While Criminal Application No. 783/2007 is filed to quash Criminal Complaint Case No. 526/2001 on the file of Judicial Magistrate First Class Warora.6. Manager (Legal) of Hindustan Lever Ltd. a Company has preferred both these applications on behalf of the Company. The complainant is Inspector of Legal Metrology i.e. Inspector of Weights and Measures.A few facts in the application No. 781/07 may be narrated as follows:The accused/applicant i.e. Hindustan Lever Ltd. had offered for sale products with following description:1) 'Double Action Blu...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »