Judgment Search Results Home > Cases Phrase: deposit pre contract Page 9 of about 69,462 results (0.076 seconds)

Leaap International Pvt. Ltd. Vs. Commissioner of Service Tax

Court : Chennai

..... are not under the control of central excise authorities or any penalty levied under this act, the person desirous of appealing against such decision or order shall, pending the appeal, deposit with the adjudicating authority the duty demanded or the penalty levied: provided that where in any particular case, the commissioner (appeals) or the appellate tribunal is of opinion that the ..... that when the commissioner of central excise having taken the view that ocean freight is not taxable, tribunal ought to have been consistent in its view in waiving the pre-deposit for the assessee also and it was not proper for the tribunal to take a different view for the assessee alone.16. ..... operators and are engaged in making arrangements for transporting the goods and that assessee is not procuring any goods or services which are inputs for clients and the contract between the clients and the assessee is specifically one of providing transportation by various modes of transport to the clients and the same is not liable to be taxed. ..... deposit of duty demanded or penalty levied would cause undue hardship to such person, the commissioner (appeals) or, as the case may be, the appellate tribunal, may dispense with such deposit subject to such conditions as he or it may deem fit to impose so as to safeguard the interests of revenue: provided further that where .....

DBM Geotechnics and Constructions Pvt. Ltd. Vs. Union of India, Rep. b ...

Court : Andhra Pradesh

..... proforma of vpt by the nationalized/scheduled bank will also be accepted.e)security deposit5% of the contract amount (including earnest money deposit)f)percentage to be deducted from bills towards security deposit (retention money)5% of the gross bill amount will be recovered towards s.d. ..... learned counsel for the petitioner states that the said termination is clearly arbitrary and opposed to the terms of the contract and since arbitrary action can be interdicted by this court under article 226 of the constitution of india, this court should interfere in the matter so as to enable the petitioner to complete the work ..... claim that it is not required to furnish further performance bank guarantee of 5%, reliance is placed by the learned counsel upon the clarification issued in the pre-bid meeting by the second respondent itself and the memorandum (general description) at page 20 of the tender notice provide as follows: d)performance security10% of contract value to be paid immediately on award of work. ..... learned standing counsel pointed out that in the pre-bid meeting, clarification was issued to the bidders with regard to performance security and security deposit clarifying that the provisions in respect of performance security and security deposit of the memorandum (general description), extracted above, holds good and thereby contends that their performance guarantee as well as security deposit are required to be separately provided and that as against 10% performance security, .....

Sleepers P. Ltd. and anr. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2001)(95)LC210Tri(Bang.)alore

..... per sleeper which represents the modvat credit availed by them on receipt of inputs namely hts wire and mci inserts provided by the railway authorities on their own account to them in terms of the contract for job work to produce railway sleepers (rcc), is to be included in the assessable value thereof or not. ..... on consideration of these appeals, we find that the order-in-appeal impugned needs to be set aside and the matter remanded to the first appellate authority for consideration on merits without insisting on any pre-deposit in view of the stay already granted above. ..... dated 28.12.1998, which has dismissed the appeal for non compliance of provisions of section 35f of the act as the appellants were found not to have deposited the entire duty demanded vide interim order no.188/98 dated 24.9.1998.5. ld. ..... kannan who submits that the contract between the railways and the appellants provides for retention of a fixed sum of ..... submits that in this case the contract clearly provides for a reduction of rs ..... in 1997 (21) rlt 366-cegat wherein it was held that modvat credit on inputs are deductible from sale price of final product where the sale contract provides for such reduction. ..... however, the contract had restricted the amount available to them to only ..... therefore, the contract for the entire period as well as the statutory excise documents on which the inputs were received by the railways showing the exact quantum of duty paid on these items is required to be examined thoroughly in this case, .....

icomm Tele Ltd., Brig Krishna Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(113)ECC157

..... the applicants have not been able to make out a prima facie case in their favour so as to call for complete waiver of pre deposit, inasmuch as the commissioner's findings are based upon the statements of the two officers of the company, who have clearly stated that the apportionment of the contract value between the hardware and software components was done, as the software was exempt from customs duty and only the ..... (rupees six crores), in addition to the duty already paid by them within 12 weeks and on such a deposit, there shall be waiver of pre deposit of the balance of amount of duty and penalties imposed on various applicants and recovery thereof stayed till disposal of the ..... are applications for waiver of pre deposit of duty demand amounting ..... the overall value of the contract remained the same and it was only the distribution of the contract value between the hardware and software components that was sought to be changed ..... the applicants thereafter re-negotiated the contract with zte corporation through their various subsidiaries and changed the description of the goods from dwdm equipment to parts ..... this, it was submitted that the order passed by the commissioner is well founded and the applicants should be required to deposit the entire duty.7. ..... the initial contract entered into with m/s zte corporation was both in respect of hardware and software components required by bsnl and the break up of the value in respect of the two was in the ratio of 99.60% hardware component and .....

Saurabh Das and Etc. Vs. the Gauhati Municipal Corporation and ors.

Court : Guwahati

..... an order granting the contract in favour of aforesaid sauravi das is stated to have been issued by the respondents, but as the requisite pre-deposits were not forthcoming, the authority proceeded to consider the case of the next person in the line, i.e. ..... if the authority of the corporation felt that any bid exceeding double the estimated value of the contract would be unreasonable, the tenderers should have been put to notice of the said fact by due publication in the notice inviting tenders. ..... as the said 6th highest tenderer has failed to make the necessary pre-deposits within the time fixed and as the 7th highest tenderer, i.e. ..... 30,00,000/- was considered to be an appropriate bid and on the said basis an order was passed for grant of settlement/contract in favour of one sauravi das, the sixth highest tenderer, who had offered an amount of rs. ..... it is further contended, in the affidavit filed that the process of settlement/grant of the contract was a fair, transparent and reasonable process dictated by public interest and no extraneous or collateral reasons are discernible in the decision making process to warrant interference of this court with the impugned order dated 13-3-2003. ..... (c) 2350/2003, shri dipak kumar saikia while granting the contract in favour of the private respondent, inasmuch as, the said writ petitioner not being represented before this court at the time of arguments, this court reasonably understands the petitioner in w.p. .....

Handicrafts & Handlooms Export Corporation of India Ltd vs.delhi Metro ...

Court : Delhi

..... also relevant to note that in terms of the license agreement between the parties, hhec was required to make a security deposit amounting to 12 months licence fee; clearly, this was to secure dmrc against any loss on account of default by hhec ..... the aforesaid allegations and by its letter dated 23.09.2011 called upon the hhec to deposit the dues within a period of 10 days failing which the contract would o.m.p. ..... he contended that the arbitrator has permitted dmrc to forfeit the security deposit although dmrc had neither made any claim for loss nor led any evidence to prove ..... contention advanced by mr amit kumar, the learned counsel for hhec, is that the arbitrator has rejected hhec's claim for refund of security deposit even though dmrc had not been able to establish a loss. ..... the arbitrator also rejected hhec's claim for refund of security deposit as he concluded that hhec had failed to adhere to the terms of the ..... out that the arbitrator had, accordingly, calculated the monthly licence fee for the period 27.10.2011 till 20.12.2012 (13 months and 23 days) at the contracted rate and computed the amount of loss at `34,59,288/-. ..... that the pre-award interest awarded by the arbitrator was excessive and in the nature of penalty, also cannot be accepted as it is not disputed that the rate of pre-award interest is in terms of the contract between parties.25 ..... mr kumar further contended that the pre-award interest awarded by the arbitrator was also excessive and in the nature of penalty, which was .....

Noida Cyber Park Pvt. Ltd. Vs.bhayana Builders Pvt. Ltd.

Court : Delhi

..... by post, whether the expression serve or either of the expressions give or send or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. ..... 30.1 no interest shall be payable on any money due to the contractor against earnest money, security deposit, interim or final bills or any other payments due under this contract. ..... award being against the contract by granting interest for pre-litigation period the appellant relies upon clause 30.1 of the contract. ..... no argument remains with respect to alleged illegality in grant of pre-litigation interest in as much as no pre-litigation interest fao no.324/2017 page 5 of 9 has ..... in my opinion, so far as grant of interest for pre-litigation period is concerned, i need not go into this aspect in detail inasmuch as i have held in the judgment in the case ..... the respondent before this court has taken this court to para 120 of the award and it is seen that as per the total amount awarded under the award there is no pre- litigation interest awarded. ..... appellant that the harmonious meaning of both the provisions will mean that arbitrator can only grant pendent lite and future interest but cannot grant interest with respect to the pre-litigation period.7. .....

ibm India Private Limited Vs. the Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2007)11STJ260CESTAT(Bang.)alore

..... he submits that appellants are not required to pre-deposit any amount as they have a strong case on merits.3. ..... the department has examined the terms of contract and has found that the contract was comprehensive annual maintenance of hardware and system software of micr cheque processing solution with imaging facilities.the department was of the view that this portion of the activity was not covered under the ..... the appellant is required to pre-deposit service tax of rs. ..... on such pre-deposit, the balance of duty and penalty stands waived.failure to comply with the terms of the stay order will entail dismissal of the appeal. ..... prima facie, the appellants have made out a ground for waiver of duty demand on the exempted category.however, a portion of the duty amount has been admitted by them, therefore, we direct the appellants to pre-deposit an amount of rs. ..... 200/- per day for everyday failure to deposit the amount under section 76. ..... the appellants were carrying on maintenance activity under contract to rbi. .....

Sec Vs. Variable Annuity Life Ins. Co.

Court : US Supreme Court

..... term 'security' means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral trust certificate, pre-organization certificate or subscription, transferable share, investment contract, voting trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, or, in general, any interest or instrument commonly known as a 'security,' or ..... . any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral trust certificate, pre-organization certificate or subscription, transferable share, investment contract, voting trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, or, in general, any interest or instrument commonly known as a 'security,' or any certificate of interest or ..... call for registration and recital, by in investment company, of its investment policies and operating practices; [ footnote 2/10 ] regulate the relationships between the company and its investment adviser, including fees and provisions for termination of the contract; [ footnote 2/11 ] regulate trading practices, [ footnote 2/12 ] changes in investment policy, [ footnote 2/13 ] the issuance of senior securities, [ footnote 2/14 ] proxies and voting trusts, [ footnote 2/15 ] the terms .....

Natesa Aiyar and ors. Vs. Appavu Padayachi

Court : Chennai

Reported in : (1910)20MLJ230

..... has paid into the hands of the vendor 50 which is to be allowed in part-payment at the completion of the agreement and if the purchaser shall fail to perform his part of the agreement then the deposit money shall become forfeited, in part of the following damages; and if either of the parties neglect or refuse to comply with any part of the agreement he shall pay to the other 50, hereby mutually agreed ..... one of the artificial rules so laid down to discover the intent is that where there is a deposit made under a contract for a sale of land, and the contract is repudiated, then the deposit is to be treated as liquidated damages not recoverable by the repudiating party, because in such cases it ..... should be paid in advance and forfeited for any breach of the conditions was treated as a penalty, but the amount was so large as to take it out of the ordinary class of deposits, and it does not appear to have been treated as such and that is probably why sir george jessel did not think it necessary to refer to it as qualifying the rule laid down by him.5. ..... against the purchase-money, but its primary purpose is this, it is a guarantee that the purchaser means business; and if there is a case in which a deposit is rightly and properly forfeited it is, i think, when a man enters into a contract to buy real property without taking the trouble to consider whether he can pay for it or not. ..... part of the contract there is no fresh consideration and a promise to fulfil a pre-existing obligation .....