Court : Kolkata
..... allowed the writ court to pass an order directing the respondent no.3 to consider the earlier writ petition as a representation. the respondent no.2 had acted such order passed by the writ court. such order of the respondent no.2 has been impugned in the present writ petition. in such circumstances, i ..... & ors.).it is contended on behalf of the railway authorities that, the imposition of stacking charges is within the jurisdiction of the tribunal established under the railways act, 1989. since the writ petitioner has an alternative remedy, the present writ petition should not be entertained. on facts it is submitted that the writ petitioner is ..... ors.) has been considered therein. it is submitted that the writ petitioner has no other alternative remedy against the order impugned. the tribunal established under the railways act, 1989 has no jurisdiction to determine the instant proceedings. in support of such contention reliance is placed on 1973 volume 1 supreme court cases page 781 (union .....
Tag this Judgment!Court : Kolkata
..... this court to pass any order at this stage. in an earlier matter the division bench of this hon ble court in amar singh versus l & t finance ltd.it was held that it is incumbent upon the decree-holder to proceed with the execution application after getting the setting aside application disposed of. whether the ..... , division no.111, panvel & anr. versus atlanta limited reported at 2014 (11) scc619in which the hon ble supreme court was considering section 42 of the arbitration & conciliation act, 1996. the relevant observations of the hon ble supreme court in the case of state of maharashtra (supra) are stated below : a perusal of section 42 of the a ..... agreement, arbitral proceeding or arbitral award, could most definitely arise in more than one court simultaneously. to remedy such a situation section 42 of the a & c act, 1996 mandates that the court wherein the firs.application arising out of such a challenge is filed, shall alone have the jurisdiction to adjudicate upon the dispute(s .....
Tag this Judgment!Court : Kolkata
..... .manju bhutoria, advocate mr.souvik chowdhury, advocate heard on : april 6, 2015 judgment on : april 17, 2015 ashim kumar banerjee, j. backdrop: tata capital finance limited filed a winding up petition against maheswari ispat limited, the applicant above named, inter-alia praying for its winding up on the ground, maheswari failed to repay ..... 98,703.81 became due and payable at the time of filing of the winding up petition. tata also initiated proceedings under the arbitration and conciliation act 1996 on the strength of the arbitration clause incorporated in the matrix contract. maheswari contested the winding up proceeding that ultimately resulted in its admission. ..... , was competent to give such direction in a petition for winding up that would meet the substantial justice as recognized by section 443 of the companies act, 1956. accordingly, the division bench granted installments. when the company paid installments to a substantial extent and prayed for some respite the division bench, in .....
Tag this Judgment!Court : Kolkata
..... in connection with the appeal before the cestat. (7) the petitioner has drawn this court s attention to various provisions of chapter v of the finance act, 1994 and chapter va of the finance act, 2003 which deal with service tax. the relevant clauses are set out hereinbelow: s. 65. in this chapter, unless the context otherwise requires ..... condition as required to safeguard the interest of revenue. (14) i have considered the rival contentions of the parties. (15) under chapter v of the finance act, 1994, taxable service means service provided or to be provided to any person by the holder of intellectual property right, in relation to intellectual property service. ..... patented nor otherwise registered as an intellectual property right in india. hence, the same will not be covered under section 65 (105) (zzr) of the finance act and, therefore, service tax is not attracted. no patent exists in respect of the technical know-how granted to the writ petitioner under the collaboration agreement. .....
Tag this Judgment!Court : Kolkata
..... respondent no.3 under section 271d of the i.t.act for violating the provision of section 269 ss of the i.t.act without even considering the object for which section 269 ss of the i.t.act was inserted by the finance act, 1984 and by interpreting section 273b of the i.t.act in a hypertechnical way as if the urgent requirement of ..... money is the only criteria for applying the section 273b of the i.t.act for not imposing any penalty under section 271d of the i ..... .t.act without even taking into consideration the genuineness of the loan .....
Tag this Judgment!Court : Kolkata
..... of judge s office or judicial process or administration of justice or generation or production of tendency bringing the judge or judiciary into contempt. section 2(c) of the act, therefore, defines criminal contempt in wider articulation that any publication, whether by words, spoken or written, or by signs, or by visible representations, or otherwise of ..... of justice. the tendency of judge bashing and the use of derogatory and contumacious language against the judges require condemnation. in dealing with section 2( c ) of the act and defining the limits of scandalizing the court the hon ble supreme court in d.c.saxena [1978 (3) scc339, held as follows; 40.scandalising the court, ..... a white collar criminal/terrorist & allow me to have a right to life as contained in act 21 of indian constitution.8) that i would also like to state the president of india, that i know arun jeeitley, hon ble union finance minister recently had rushed to london to uncover the veil of mahatma gandhi & hours after .....
Tag this Judgment!Court : Kolkata
..... , the hire charges received by the assessee are in the nature of interest chargeable to the interest tax under section 2(7) of the interest tax act. the installment financed as amount receivable per recoverable and agreement which as from is shown the secured under hirer against the head shown as vehicles c urrent assets, loans and ..... under such hire purchase transaction in this case cannot be treated as interest in terms of section 2(7) of the interest tax act. on analysis of a similar agreement in the case of harita finance limited versus acit (interest-tax appeal no.29/mds/1997) the itat a bench, madras held the same view which is respectfully ..... for the purpose of accounting as its current assets does not derogate from the concept of hire purchase. the provisions of interest tax act were considered by the bombay high court in the case of discount and finance house of india ltd., reported in [2003].259 itr295 in a very instructive judgment delivered by his lordship kapadia, j. [ as .....
Tag this Judgment!Court : Kolkata
..... default, the appeal stands rejected for failure of pre-deposit, under the provisions of section 35f of central excise act, 1944 as applicable to the provisions of finance act, 1994, qua the provisions of section 83 of the act. it is the aforesaid order which was challenged in the writ jurisdiction. during the pendency of the writ petition ..... were made; that the statutory st-3 returns were never filed; and that all these circumstances cumulatively legitimate the inference of wilful suppression and contravention of the act with a view to evade remittance of tax. 5. prima facie we find no infirmity whatsoever with the adjudication order, warranting grant of waiver of pre- ..... proceedings, on deposit of the liability before issuance of show cause notice).on the ground that in view of the provisions of section 74(4) of the act, the adjudication order, the adjudicating authority has clearly recorded that the petitioner was fully aware of its liability towards discharge of tax, that it had collected .....
Tag this Judgment!Court : Kolkata
..... respect of entries 1 to 4 of list-i to the seventh schedule of the constitution. in the case of reserve bank of india vs.- peerless general finance and investment company limited and others.reported in (1987) 1 scc424the supreme court held that interpretation of a statute must depend on the text and the context. ..... . 03.2015 the court : by this writ petition the petitioners have inter alia prayed for a declaration that sections 628 and 629 of the kolkata municipal act, 1980 (the act, for short) are ultra vires the constitution of india, a writ in the nature of mandamus commanding the respondents authorities to desist from insisting on implementation of ..... in the vicinity of the army areas. it is worth mentioning that the petitioners have not challenged the constitutional validity of the works of defence act, 1903 or the cantonment act, 2006 as unreasonable or interfering with their right to property. the state legislature appears to be keenly conscious of its limitations and, therefore, it .....
Tag this Judgment!Court : Kolkata
..... 7) which removed the specific exclusion clause in the definition of chargeable interest, interest on bonds and debenture should be included as chargeable interest under the interest tax act?. although the revenue has proposed two questions, there is only one question which is the question no.1. question no.2 indicates the reason why according to ..... inclusion of interest earned from bonds and debentures within the purview of the interest tax act. if we look at the object sought to be achieved by the act as discussed by the bombay high court in the case of discount and finance house of india ltd.(supra).the object cannot be achieved by roping in interest earned ..... the revenue interest earned from bonds and debentures should be open to taxation under the interest tax act. the learned tribunal, in deciding the matter, relied upon a judgment of the bobmay high court in the case of discount and finance house of india ltd., reported in (2003) 259 itr295 delivered by his lordship kapadia, j. ( .....
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