Court : Chennai
..... in original dated 09.11.2016, wherein and whereby they were called upon to pay service tax of rs.42,74,690/-, 45,16,388/-, 42,60,539/-, 13,99,355/- under section 73(2) of the finance act, 1994, interest at the applicable rates under section 75 of the finance act, 1994 and penalty of rs.42,74,690/-, 45,16,388/-, 42,60,539/-, 13,99,355/- under section 78(1) read with section 78b(1)(b) of the finance act, 1994, a penalty of rs.10,000/- each under section 77(1)(a) of the finance act, 1994 and further penalty of rs.10,000/- each under section 77(2) of the finance act, 1994 respectively. 2. ..... salem, which is a courier agency, challenged the impugned orders in original, mainly by contending that the same came to be passed in violation of the principles of natural justice, since the respondent relied on certain materials collected from the courier agency later to the hearing conducted and passed the impugned orders of adjudication, in violation of the principles of natural justice, as the respective petitioners were not served with copies ..... it is well settled that the appellate authority being the fact finding authority as well, is certainly entitled to consider all the objections raised by the petitioners herein before this court, even in respect of the letter issued by the blue dart express limited and also their ..... the petitioners contended that in the reply to the show cause notices, they have disputed certain statements said to have been made, as extracted in the show cause notices. .....
Tag this Judgment!Court : Chennai
..... such amendment was brought in by the finance (no.2) act, 2014 and post amendment, ..... therefore have no hesitation in holding that in the instant case the assessee having got 15 flats along with his two sons will not disentitle him from getting the benefit under section 54-f of the it act only on the ground that all the 15 flats are not in the same block, particularly in the light of the admitted factual position that all the 15 flats are located ..... capital gain as bears to the whole of the capital gain the same proportion as the cost of the new asset bears to the net consideration, shall not be charged under section 45: provided that nothing contained in this sub-section shall apply where (a) the assessee, (i) owns more than one residential house, other than the new asset, on the date of transfer of the original asset; or (ii) ..... an assessee being an individual or a hindu undivided family, the capital gain arises from the transfer of any long-term capital asset, not being a residential house (hereafter in this section referred to as the original asset), and the assessee has, within a period of one year before two years after the date on which the transfer took place purchased, or has ..... we are also of the considered opinion that the principles/ratio in k.g.rukminiamma's case would certainly apply to a case under section 54-f also because a bare reading of sections 54 and 54-f of the it act would reveal that the two provisions are in pari materia with regard to those aspects of provisions .....
Tag this Judgment!Court : Chennai
..... the contention on legal aspect is that the commencement of arbitration proceedings is incumbent on the receipt of notice to be sent under section 21 of the act and if no notice is received by the respondent/appellant, then, there is no commencement of arbitral proceedings and therefore, the interim order passed is non-est in ..... the party-in-person representing the respondent would contend that the appeal is barred by limitation and therefore, the maintainability of the appeal in the light of limitation should be considered by this court under section 5 of the limitation act and when there is no application to condone the delay, the appeal should be dismissed. ..... , no contention has been raised by the respondent/claimant that notice was issued under section 21 of the arbitration and conciliation act and therefore, the conclusion is that there is no commencement of arbitration proceedings. ..... with regard to maintainability of the appeal under section 37 of the arbitration and conciliation act, the decision reported in air 2010 rajasthan 80 (mohan das (deceased ..... exercising powers under section 17 of the arbitration and conciliation act, 1996 (hereinafter referred to as the act ), the learned arbitrator granted interim injunction in i.a.no.2 of 2016 in arbitration case no.1 of 2016, restraining the ..... one of the creditor, namely, m/s.futhra finance has filed c.m.p.no.4079 of 2017, praying to implead them as respondent in c.m.a.no.496 ..... del 413 (1) (m/s.lovely benefit chit fund and finance pvt. .....
Tag this Judgment!Court : Chennai Madurai
..... collect exorbitant fees more than the one prescribed by the government, certainly the government is empowered to act against such erring institution and pass appropriate orders against those institutions. ..... private unaided colleges have the right to admit students of their choice, subject to an objective and rational procedure of selection and the compliance of conditions, if any, requiring admission of a small percentage of students belonging to weaker sections of the society by granting them freeships or scholarships, if not granted by the government. ..... sri krishna education trust shall carry out the administration, finance management and other allied activities of the institute in accordance with the rules framed by the ..... tamil nadu agricultural university act, 1971 nor under the memorandum of understanding, any power is given to the 4th respondent-university to interfere with the autonomy and authority of the petitioner in respect of administration, finance and other aspects. ..... agricultural technology, theni shall function under the overall supervision of the tnau in respect of all academic matters without affecting the autonomy and authority of the institute in respect of administration, finance and other aspects. 10. ..... 5 of the said memorandum, the college will function under overall supervision of the 4th respondent-university in respect of all academic matters without affecting the autonomy and authority of the institute in respect of administration, finance and other aspects. .....
Tag this Judgment!Court : Chennai
..... in the instant case, the respondent/complainant has filed a complaint for the offence under section 58-b(4aaa) of rbi act for non compliance of the order passed by the clb. ..... the specific case of the complainant is that the first accused company is a non banking finance company and the company collected deposits from various depositors, later failed to repay the said deposit amount with interest. ..... the above said complaint was filed by the respondent on the ground that the first accused in this case is a non banking finance company, originally incorporated and registered in the year 1982 as krest development and leasing private ltd , subsequently changed to mcdowell krest finance ltd . ..... apart from that even in the complaint, necessary averments also made by the complainant that all the petitioners are in-charge and responsible to the affairs of the company and applicationting of the provisions of section 58c of rbi act also cannot considered at this stage. ..... hence, number of complaints were filed by the depositors before the company law board under section 45qa(2) of the reserve bank of india act for non payment of deposit amount. ..... it is useful to refer the above section:- (4aaa) whoever fails to comply with any order made by the company law board under sub-section (2) of section 45qa, shall be punish able with imprisonment for a term which may extend to three years and shall also be liable to a fine of not less than rupees fifty for every day during which such non- .....
Tag this Judgment!Court : Chennai
..... the hon ble apex court very categorically held that that in all these cases that while considering the applications for condonation of delay under section 5 of the limitation act, the courts do not enjoy unlimited and unbridled discretionary powers. ..... whilst considering applications for condonation of delay under section 5 of the limitation act, the courts do not enjoy unlimited and unbridled discretionary powers. ..... therefore, the word sufficient embraces no more than that which provides a platitude, which when the act done suffices to accomplish the purpose intended in the facts and circumstances existing in a case, duly examined from the viewpoint of a reasonable standard of a cautious man. ..... in case a party is found to be negligent, or for want of bona fide on his part in the facts and circumstances of the case, or found to have not acted diligently or remained inactive, there cannot be a justified ground to condone the delay. ..... the hon ble apex court very categorically held that while considering the delay application, the court should made liberal approach in considering the section 5 of the limitation act. 33. ..... hon ble apex court also clearly held that the courts in this country, including the supreme court, adopt a liberal approach in considering the application for condonation of delay on the ground of sufficient case under section 5 of the limitation act. .....
Tag this Judgment!Court : Chennai
..... at this length of time, in view of the fact that those documents were considered even in the civil suit by the civil court, while passing the decree and the civil court refused to grant the consequential relief sought for by the writ appellant, rightly so and therefore, this court is not inclined to appreciate the arguments advanced by the learned senior counsel in respect of non-consideration of the documents by the ..... documents and evidence produced by the writ petitioner, the civil court decreed the suit partly by declaring the correct date of birth of the plaintiff as 29.11.1960, and the other consequential relief of direction sought for by the writ petitioner was however not granted, as the question of altering the date of birth in the service records was left open to the respondents ..... it was further held that in fact a horoscope to be treated as evidence in terms of section 32(5) of evidence act, 1872, it must be proved to have been made by a person having special means of knowledge as regards authenticity of the ..... (1) scc 763), rule 65 of the orissa general finance rules, was examined which provides that representation made for correction of date of birth near about the time of superannuation ..... 26.05.2007, and it is peculiar to note that only in certain birth certificates, they have mentioned the name of the child, while the others did ..... after giving the notice under section 80 of the code of civil procedure, 1908, he filed a suit which was decreed on march 31, 1982. .....
Tag this Judgment!Court : Chennai
..... - for the removal of doubts, it is hereby declared that - (1) the provisions of this section which the order determining the duty under?shall also apply to cases in sub-section (2) of section 11a relates to notices issued prior to the date on which the finance act, 2000 receives the assent of the president; (2) any amount paid to the credit of to the date of communication of the order referred?the central government prior to in the first proviso or the fourth ..... or (b) does not account for any excisable goods produced or manufactured or stored by him; or (c) engages in the manufacture, production or storage of any excisable goods without having applied for the registration certificate required under section 6 of the act; or (d) contravenes any of the provisions of these rules or the notifications issued under these rules with intent to evade payment of duty, then, all such goods shall be liable to confiscation and the producer or manufacturer ..... section 11ac of the central excise act deals with penalty for short-levy or non-levy of duty in certain ..... section 11ac is extracted hereunder :- penalty for short-levy or non-levy of duty in certain ..... of the consequential increase of penalty have also been paid within thirty days of the communication of the order by which such increase in ..... central excise rules contemplates confiscation and penalty on the producer, manufacturer, registered person of a warehouse or a registered dealer for contravention of certain provisions as mandated thereunder. .....
Tag this Judgment!Court : Chennai
..... the petitioner seeks to assail the proceedings of the district collector, kancheepuram/respondent no.1, dated 19.01.2017 dismissing the appeal of the petitioner and others filed under section 10 of the tamil nadu land encroachment act, 1905 (hereinafter referred to as the said act ) qua the action being taken for removal of the encroachments in s.no.219/4 being the temple poramboke land. 2. .....
Tag this Judgment!Court : Chennai
..... were stolen / theft which is not covered in the scope of policy (under section ipc 379) regarding the furnace parts claimed by the insured has not been considered since the materials like choke ..... replaced hence the loss to compound wall cannot be considered since it is not covered in the scope of policy (under section ipc 379) regarding the furniture's claimed by the insured has not been considered since the materials like ac, almarha, fan, sofa set were stolen / theft which is not covered in the scope of policy (under section ipc 379) regarding the scraps claimed by the insured has not been considered since the materials ..... the report of the surveyor is rejected by me, since the surveyor himself has rejected various claims quoting section 379 of indian penal code and the higher officials have played ''baa baa black sheep' and meekly accepted the opinion of ..... there is no disputing the fact that the surveyor/surveyors are appointed by the insurance company under the provisions of insurance act and their reports are to be given due importance and one should have sufficient grounds not to agree with the assessment made ..... not the stand of the plaintiff that a person or a group of persons tresspassed surreptitiously into the company premises and removed certain machineries. .....
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