Court : Andhra Pradesh
Reported in : 2000(6)ALD217; 2000(6)ALT1
ORDER1. In recent times, the wind of reform which aims at paving the way for a healthy, dynamic, financially viable and self-sustained growth of the power sector to meet the ever increasing demand for electricity from various categories of customers on an equitable basis both in terms of quality and quantity as well as of reasonable tariff so as to facilitate a rapid growth of the Nation's economy is blowing in almost all the States in India. Sometimes, as in the case of the State of Andhra Pradesh, the blowing of the reform wind was very hard, strong and hurting too against certain hitherto protected and favoured categories of consumers of electricity like agriculturists and domestic consumers, irrespective of thefact whether it is justified or not. This resulted in perceived shock and dismay and spontaneously generated persistent and percurrent protests, rallies, agitations ending, at times, with unpardonable violence denounced with abomination and righteous indignation by the Father...
Tag this Judgment!Court : Allahabad
Reported in : [1977]47CompCas323(All)
P.N. Bakshi, J. 1. This writ petition arises out of the proceedings pending before the Monopolies and Restrictive Trade Practices Commission. The petitioner is a limited liability company registered under the Companies Act. It carries on business of manufacture and sale of nylon yarn. On 19th September, 1973, an agreement was entered into between four nylon spinners, viz., the petitioner and respondents Nos. 23, 24 and 25, namely, Garware Nylons Ltd., Nirlon Synthetic Fibres and Chemicals Ltd. and Modipon Ltd. on the one hand, and 18 associations of actual users of nylon yarn, respondents Nos. 5 to 22, on the other. The petitioner's case was that this agreement (hereinafter called the ' September agreement') was executed for the purpose of having an equitable distribution of nylon yarn at concessional prices at the instance of and under the supervision and approval of the Central Government. On 21st November, 1973, the Commission received a memorandum from the All India Crimpers Associ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1533; (1974)4SCC827; [1975]1SCR312
R.S. Sarkaria, J. 1. In this petition under Article 32 of the Constitution, the petitioner, a Private Ltd. Company, challenges the validity of the Cane Cess and Purchase tax levied on it for the month of January, 1968. Respondents 1, 2 and 3 are the State of Bihar, Certificate Officer and the Collector of Champaran, respectively.2. The facts are these :There was in force in the State of Bihar a pre-Constitution law known as Bihar Sugar Factories Control Act, 1937 (Act 7 of 1937). By notification issued under Section 29 of that Act, cane cess and purchase tax were being levied in respect of sugar cane intended to be used or used in a sugar factory. It was a temporary enactment. Originally, it was to remain in force until June 30, 1941. But its life was extended from time to time by different amending Acts. The last extension was made by Bihar Act 6 of 1950 upto January 30, 1955, which came into force on January 9, 1950 when it was published in the Bihar Government Gazette. Thereafter, B...
Tag this Judgment!Court : Delhi
Reported in : 2001IIAD(Delhi)270; AIR2001Delhi326; 90(2001)DLT60; 2001(57)DRJ430
ORDERArun Kumar, J.1. By impugned Notification dated 14th October, 1999 the Central Government has in exercise of powers contained under Section 26A of the Drugs and Cosmetics Act, 1940 (as amended 68 of 1982) (hereinafter referred to as the Act, for short) prohibited manufacture, sale or distribution of Fixed Dose Combination (hereinafter referred to as FDC, for short) of Vitamins B1, B6 and B12 for human use w.e.f. 1st January, 2001. Petitioner is a pharmaceutical Company. Apart from manufacturing other medicines, it is the manufacturer of FDC of Vitamins B1, B6 and B12 which is marketed by it in the name of 'Neurobion' in tablet and ingestible forms. Petitioners claim to have largest market share of this drug, with total sale of Rs.35.43 crores per year which is equivalent to approximately 23.6% of the total pharmaceutical products. It was, thereforee, but natural for the petitioners to feel aggrieved against this Notification and by means of present Writ Petition the petitioners ha...
Tag this Judgment!Court : Delhi
Reported in : 126(2006)DLT49
Pradeep Nandrajog, J.1. The nature around us is colourful and diverse. It is but natural that man saw, studied and unravelled nature and its laws. The great physicists Dr. R.P. Feynman gave a wonderful description of what is 'understanding the nature'. Suppose we do not know the rules of chess but are allowed to watch the moves of the players. After some time we make out some of the rules. With the knowledge of these rules we may try to understand why a player played a particular move. However, this may be a very difficult task. Even if we know all the rules of chess, it is not so simple to understand all the implications of a game in a given situation and predict the correct move. Knowing the basic rule is, however, the minimum requirement if any progress is to be made.2. By partially watching a game we may guess at a wrong rule. The experienced player may make use of a rule for the first time and the observer of the game may get surprised. Because of the new move some of the rules gu...
Tag this Judgment!Court : Delhi
Reported in : 2007(98)DRJ43
Badar Durrez Ahmed, J.1. This writ petition is directed against the deletion contained in the 14th Endorsement to the petitioner No. 1's certification marks license No. CM/L-2341642 for IS: 9798: 1995 which seeks to delete 'single stage low pressure regulators for use with LPG mixtures, suitable for valves having 25.6 mm collar diameter and maximum rated capacity = 0.5 m3/hr' from the said license. The petitioners also seek a writ of mandamus directing the respondents to grant renewal of the license without the aforesaid deletion.2. The petitioner No. 1 is engaged in the manufacture of various appliances, including LPG pressure regulators marketed under the trade name and style 'SKN'. The petitioner No. 2, who is a citizen of India, is a share-holder and Director of the petitioner No. 1. In 1987, the petitioner No. 1 is said to have commenced production of LPG pressure regulators used for regulation of the flow of LPG from the gas cylinder to the burner of the stove. Shortly after the ...
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj165; [1966]61ITR273(Guj)
Shelat, C.J.1. This reference arises from proceedings taken under section 23A of the Income-tax Act, 1922, in respect of the assessment year 1956-57 of which the previous year is the calender year 1955. 2. The assessee-company is carrying on business as the managing agents of certain companies. It is an undisputed fact that it is a company to which section 23A applies and that it was required under that section to distribute as dividends the whole of its total income after deducting therefrom the amounts permissible under sub-section (1) of that section as its reserves exceed the total paid-up capital. There is also no substantial disagreement with regard to facts from which these proceedings arose. For the assessment year 1956-57, the total income assessed under the order dated May 29, 1957, came to Rs. 13,42,960 and the tax payable on that amount came to Rs. 6,93,968 which left a balance of Rs. 6,48,972. At the annual general meeting held on March 29, 1956, the company declared a div...
Tag this Judgment!Court : Gujarat
Reported in : (1992)107CTR(Guj)340; [1993]200ITR281(Guj)
S.B. Majmudar, J. 1. The income-tax Appellate Tribunal has referred questions for our opinion arising out of its judgment dated March 31, 1977. Some of the questions are referred at the instance of the Revenue and the remaining are referred at the instance of the assessee. The referred questions read as under : At the instance of the Revenue : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the transfer of development rebate reserve to the general reserve would not amount to the utilisation of the development rebate reserve for any of the prohibited purposes under sub-section (3) of section 34 of the Act (2) Whether the Tribunal was right in law in holding that the assessee was entitled to development rebate of Rs. 5,61,443 in the year under consideration (3) Whether the Income-tax Appellate Tribunal was justified in law in allowing the assessee expenditure of Rs. 27,000 being contribution to the superannuation fund and Rs. 12,...
Tag this Judgment!Court : Gujarat
Reported in : (1993)110CTR(Guj)294; [1993]203ITR24(Guj)
S.D. Dave, J. 1. The Income-tax Appellate Tribunal has referred the undermentioned question to this court while exercising the jurisdiction under section 256(1) of the Income-tax Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the amount of Rs. 40,000 received by the assessee by way of share in goodwill and in appreciation of the value of assets of the partnership firm of Messrs Security Equipment in which the assessee was admitted to the benefits is exigible to tax as benefit or perquisite under section 28(iv) of the Income-tax Act, 1961 ?' 2. The assessee in question was a partner in the firm of Messrs Security Equipment Manufacturers, which came to be dissolved from December 9, 1972. On the dissolution of the abovesaid firm, the assessee had received an amount of Rs. 40,000 which represented the goodwill amount of Rs. 20,000 and premium on account of revaluation of assets of Rs. 20,000. The return of income was filed on March 6, 1975. In this connection, a s...
Tag this Judgment!Court : Chennai
Reported in : AIR1958Mad220; [1957]32ITR439(Mad)
RAJAGOPALA AYYANGAR, J. - These four petitions are directed to challenge the validity of a notice issued to the respective petitioners under section 34(1A) of the Indian Income-tax Act. This section was introduced by the Amending Act XXXIII of 1954, and one of the points raised in these petitions is as regards the constitutional validity of this amending provision.We shall state a few preliminary facts before dealing with the contentions urged by the learned counsel for the petitioners. Rajendra Mills Ltd., Salem, are the petitioners in W.P. No. 307 of 1955, the Meenakshi Mills Ltd., at Madurai are the petitioners in W. P. No. 308 of 1955 while W. P. No. 309 of 1955 is by the Saroja Mills Ltd., Coimbatore, and these three mills are managed by Sri Karumuttu Thiagarajan Chettiar, who has a controlling interest in each of these three companies; and Sri Thyagarajan Chettiar as an individual is the petitioner in W.P. No. 310 of 1955. For the assessment years 1940-41 to 1946-47 the several p...
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