Court : Delhi
Decided on : May-14-2003
Reported in : [2004]118CompCas694(Delhi); 105(2003)DLT793; 2003(69)DRJ154; [2003]47SCL241(Delhi)
..... with the intent of increasing the authorised capital so as to dilute the plaintiffs holding to less than 10%, thereby depriving them of their rights under section 399 of the companies act. immediately thereupon, on 23.1.2003 the plaintiffs served a legal notice on defendants, thereby requesting for an adjournment of the proposed egm on 25. ..... company law board for redressal of their grievances. the answer in favor of the plaintiff is to be found in the decision of his lordship m.jagannatha rao in avanthi explosives p. ltd. v. principal subordinate judge, tirupathi, and another, [1987] 62 comp. cas. 301. his lordship, while adorning the bench of andhra pradesh high court, ..... been contended on behalf of the plaintiffs that the requisite quorum was not available in most of the previous meetings of the board, as prescribed in section 287 of the companies act. it has been argued that the minutes are fabricated and wrongly mention the plaintiff no. 2 to be present at the meeting, and that these .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : May-14-2003
Reported in : (2003)(88)ECC615
..... cannot be claimed by revenue that duty was not paid /short paid by reasons of fraud, suppression etc. we, therefore, set aside the demand for interest under section 11ab of the act. as the amount of duty involved is more than rs. 1 lakh, land building, plant and machinery used in the factory is confiscatable. we, however, reduce ..... those show cause notices involved in these proceedings are for the subsequent period within six months time limit. we reduce the same as under:- interest under section 11ab of the act is not demandable as these show cause notices were issued after issue of show cause notice dated 28.2.97 and that too for subsequent period ..... both the assessee and the buyer. when it is the same person the authorities can certainly fall back on the third proviso to clause (a) of section 4(1) of the act, to arrive at the value of the excisable goods." he contended that considering all the circumstances cumulatively, shahnaz ayurvedics and shaherb cosmetics are related persons inasmuch .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : May-14-2003
Reported in : (2003)(162)ELT626TriDel
..... has held that rules of interpretation are applicable to exemption notification as well.8. the learned senior counsel finally submitted that the provisions of section 11ac of the act are invokable for imposition of penalty as they had wilfully mis stated the facts to evade payment of duty; that both the plants apart ..... mere filing the declaration on 6-3-2000 and claiming benefit of exemption notification cannot amount to wilful misstatement warranting imposition of penalty under section 11ac of the central excise act. it has been also the consistent view of the tribunal that when classification list/declaration has been filed by the manufacturer, extended period ..... the learned advocate has emphasised that as there was no suppression or wilfull misstatement on their part, imposition of penalty on the appellants under section 11ac of the central excise act is not warranted and if their this contention is accepted they would not challenge the demand of duty confirmed against them. we, therefore, .....
Tag this Judgment!Court : Delhi
Decided on : May-15-2003
Reported in : III(2003)BC124; [2004]118CompCas742(Delhi); 105(2003)DLT126; 2003(71)DRJ36; [2003]46SCL183(Delhi)
..... `the like' as it could not have conceived of all possible coercive measures that may be taken against a sick undertaking. the action contemplated by section 29 of the 1951 act is undoubtedly a coercive measure directed at the take over of the management and property of the industrial concern and confers a further right on the financial ..... forming part of the security held by it as it had with respect to the original goods. it is, thereforee, obvious on a plain reading of section 29 of the 1951 act that it permits coercive action against the defaulting industrial concern of the type which would be taken in execution or distress proceedings; the only difference being ..... is enabled to collect after the date of the sanctioned scheme legitimately belonging to the revenue, cannot be and could not have been intended to be covered within section 22 of the act'.5. the judgments in shree vallabh glass works (supra) as well as corromandal's case (supra) were reflected upon by the apex court in tata .....
Tag this Judgment!Court : Delhi
Decided on : May-15-2003
Reported in : 2003IVAD(Delhi)524; 105(2003)DLT239; 2003(26)PTC593(Del); 2003(3)RAJ100
..... of infringement or passing off as the case may be becomes complete. registered proprietor of a trade mark has been given a statutory protection by virtue of section 28 of the trade marks & merchandise act from the use of either the identical trade mark or deceptively similar trademark. 12. the words 'deceptively similar' used in the provisions of law have utmost significance ..... of word `r' encircled in red showing that he is the registered proprietor of the trademark microtel which is not true and which is an offence under trade and merchandise act.iii) the dishonesty is further projected in the address given by the defendant on the label as the defendant has shown their address as 'new delhi' whereas they are manufacturing .....
Tag this Judgment!Court : Delhi
Decided on : May-19-2003
Reported in : 2003CriLJ2759; 104(2003)DLT824; II(2003)DMC328; 2003(69)DRJ6
..... sterner degree than the ordinary concept of cruelty applicable and available for the purposes of dissolution of marriage i.e. divorce. in constituting 'cruelty' contemplated by section 498a ipc the acts or conduct should be either such that may cause danger to life; limb or health pr cause 'grave' injury or of such a degree that may drive ..... might have been unkindly and incisive but by no stretch of imagination, such a conduct involves any of the ingredients of either offence under section 498a ipc or 406 ipc. neither such an act or conduct has the effect of driving the woman to commit suicide nor of causing grave injury nor, is likely to cause danger to ..... spouse as to actual or probable effect whether it would cause injury to physical or mental health. again acts or conduct, should be judged from the angle of a person possessing ordinary intellectual capabilities.16. for the purpose of section 498a ipc which is peculiar to indian families victim spouse is always the 'wife' and guilty is the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : May-20-2003
Reported in : (2004)82TTJ(Delhi)575
..... amount was paid separately to the firm or the partners on account of goodwill or on account of revaluation of assets. therefore, the provisions of section 45(4) of the it act r/w section 112 of the act are not applicable on the facts of the present case.3.7 on similar facts, the hon'ble bombay high court in the case of ..... 48 itr 483 (pat), the cit(a) held that there is no transfer of capital asset from the firm to the company and, therefore, the provisions of section 112 of the it act r/w section 45(4) cannot be applied, and accordingly it was held that the ao wrongly brought the amount to capital gain. thus, the addition made by the ao ..... .accordingly, no capital gain arises. however, the ao was not satisfied.in his view, the firm has transferred its assets and liabilities to the company, therefore, provisions of section 45(4) of the act were applicable. while holding so, the ao placed reliance on various decisions, reported in (1989) 177 itr 98 (sic); cit v. r.r. ramaknshna pillai (1967) .....
Tag this Judgment!Court : Delhi
Decided on : May-22-2003
Reported in : (2004)87TTJ(Del)1086
..... reported in directorate of it v. alarippa : [2000]244itr358(delhi) wherein the words loan and deposit had been construed in the context of the provisions of section 11 of the income tax act. the court observed that the word deposit does not cover the transaction of loan which can be more appropriately described as direct bailment. according to the high ..... ) ltd. is not in accordance with the law and is based on erroneous interpretation of section 2(22)(e) of the income tax act (which statutory provision probably you intend to invoke). it is submitted that section 2(22)(e) of the income tax act does not provide that the credit balances of a company is to be assessed as deemed ..... credit balances represented security deposits/performance guarantee and not loans or advances and thereby holding that the assessed's case did not fall within the purview of section 2(22)(e) of the income tax act.(ii) in holding that the amount of rs. 40,50,000 did not represent deemed dividend within the meaning of .....
Tag this Judgment!Court : Delhi
Decided on : May-22-2003
Reported in : 105(2003)DLT430; 2003(69)DRJ555; 2004(1)SLJ98(Delhi); 2003(6)SLR791
..... the judiciary, either constitutionally or functionally.' 15. the petitioner was performing a judicial function as member of the central administrative tribunal. the petitioner was governed by rules framed under section 10 of the act. rule 12 (2) of the cat (salaries and allowances and conditions of service of chairman, vice-chairman & members) rules, 1986, which is quoted above makes is clear that .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : May-22-2003
Reported in : (2003)(88)ECC648
..... , accordantly, uphold the demand of duty.12. we, however, agree with the learned advocate that confiscation of the seized goods is not warranted as the duty under section 3a of the central excise act is payable on the basis of the annual capacity of production as determined by the commissioner. we, therefore, set aside the confiscation ordered by the commissioner. for the .....
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