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Applied Electronics Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2001)(130)ELT500TriDel

1. In these five appeals, arising out of a common Order No.32/92-Collr., dated 30-6-1992 passed by the Collector of Central Excise, Mumbai, the issue involved is whether the exemption under Notification No. 175/86-CE., dated 1-3-1986 is available to the excisable goods manufactured by M/s. Swicon Micro System Pvt. Ltd. 2. Briefly stated the facts are that M/s. Swicon Micro System Pvt. Ltd. manufacture electronic testing and measuring instruments, electrical machinery, mechanical appliances, etc. On 26-2-1989, Central Excise Officers intercepted a vehicle No. MTF 2936 carrying electronic testing and welding instruments and temperature controllers valued at Rs. 1,78,337.50. The goods were affixed with brand name 'APLAB' which was concealed with stickers of 'Swicon'. The Officers also found 5 meters and 6 power supply valued at Rs. 22,000/- unaccounted in their factory premises. All the goods were seized by the Officers. A show cause notice dated 24-8-1989 was issued to them alleging tha...

Siv Industries Ltd. Vs. Commissioner of C. Ex.

Court : Chennai

Reported in : 2001(76)ECC151; 2001(129)ELT48(Mad)

R. Jayasimha Babu, J.1. The issue requiring our consideration is as to whether Modvat credit is available to a manufacturer in this case a manufacturer of Viscose Rayon in respect of the wires and cables which are used for the transmission of the electrical energy from the Sub Station within the premises of the manufacturer to the blowers which are used to take out Sulphur dioxide gas generated in the manufacturing process employed in the factory, unless that noxious gas is removed, it will not be possible for the workmen to continue to work within the premises of the factory, as the gas is generated in the process of manufacture, the workmen being engaged in operating, the machines employed in that process.2. The Modvat credit so claimed was not granted on the ground that those wires and cables are not used in the process of manufacture and, therefore, do not constitute capital goods for the purpose of Rule 57Q of the Central Excise Rules, as it stood in the year 1994. Though the Comm...

M/S Fast Cool Services by Partners and 2 Others Vs. P. Shanthakumari

Court : Chennai

Reported in : 2000(3)CTC257; (2000)1MLJ506

ORDER1. Tenant in RCOP No.143 of 1995 on the file of Rent Controller/XIV Small Causes Court, Madras is the revision petitioner.2. Eviction petition was filed by landlord under section 14(1)(b) of Tamil Nadu Buildings (Lease and Rent Controller) Act alleging that the scheduled building is required for immediate demolition and reconstruction. Tenant filed counter stating that the claim is not bona fide.3. On 22.2.1996, the case was posted for evidence on which date PW1 was examined and petitioner's witness was called absent and consequently he was declared ex parte and an order of eviction was also passed. Tenant moved an application to set aside the ex parte order with an application to condone delay of 267 days as per M.P.No.780 of 1996. In the affidavit in support of the application tenant said that they along with other members of family went to their native village where they met with an accident on 20.2.1996 and consequently they could not appear in court when the case was called. ...

Pilcom Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2001)77ITD218(Kol.)

1. These two appeals have been filed by both the sides against the order of the CIT(A) dated 28-12-1998. Since the issues involved are common in both the appeals, they have been consolidated and a common order is being passed for the sake of convenience.2. The assessee before us is Pak-Indo-Lanka-Joint Management Committee (known in short as PILCOM), which is actually a committee formed by the Cricket Control Boards/ Associations of three countries viz., Pakistan, India and Sri Lanka, formed for the purpose of conducting the World Cup Cricket Tournament for the year 1996 in these three countries.Actually, International Cricket Council (ICC) is a non-profit making organisation having its Headquarters at London, which controls and conducts the game of cricket in the different countries of the world.ICC has got nine full members and twenty associate members. In a special meeting of ICC held on 2-2-1993 at London, India, Pakistan and Sri Lanka were selected, on the basis of competitive bi...

Girdharilal Kesharwani Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR2000MP317; 2000(3)MPLJ307

ORDERC.K. Prasad, J. 1. By this writ petition, filed under Articles 226 and 227 of the Constitution of India, prayer of the petitioner is to quash the revenue recovery certificate (Annexure B) whereby the petitioner was askedto deposit a sum of Rs. 34,221/- failing which, he was threatened that the aforesaid amount shall be recovered as arrears of land revenue. 2. Shorn of unnecessary details, facts giving rise to the present writ petition are that a notice inviting tender for disposal of tendu leaves for the year 1979 was published on 27-12-1978 in the M.P. Gazette (Extra-Ordinary). Petitioner submitted his offer. It is the stand of the petitioner that although the tenders were opened on 20th January, 1979, but he was not communicated about its acceptance. Accordingly, the stand of the petitioner is that in the absence of any material to prove that the offer of the petitioner was accepted, he cannot be asked to make payment of the loss which the respondents suffered on account of subs...

Kantabai and ors. Vs. Satyagopal and anr.

Court : Madhya Pradesh

Reported in : I(2000)ACC625; [2000(84)FLR785]; (2000)ILLJ1463MP; 2000(1)MPHT641

B.A. Khan and Shambhoo Singh, JJ.1. This appeal is directed by the L.Rs. of the deceased under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') against the order dated March 8, 1996 passed by Commissioner of Workmen's Compensation Indore in case No, 14/83.2. The facts leading to this appeal, in short are that the deceased Nathu Singh was employed as driver by respondent No. 1 on his tanker No. C.P. F. 8306 insured with respondent No. 2. His monthly salary was Rs. 1000/- with allowance of Rs. 300/- per month. On March 5, 1981 the deceased was going to Baroda driving this tanker. In the way near Sultanpur, it turned turtle and the deceased died due to the injuries sustained by him in the accident. The L.Rs. of the deceased, his, widow and sons, filed claim application on September 4, 1981 before the Commissioner, Workmen's Compensation, Indore, for award of compensation of Rs. 2,22,000/-. The respondent No. 2 resisted the claim and inter alia pleaded that the dece...

Union of India and ors. Vs. Dudh Nath Prasad

Court : Supreme Court of India

Reported in : AIR2000SC525; 2000(2)BLJR1006; (2000)3CALLT1(SC); 2000(1)CTC418; JT2000(1)SC1; (2000)IIMLJ57(SC); 2000(1)SCALE23; (2000)2SCC20; [2000]1SCR1; 2000(3)SLJ37(SC); (2000)1UPLBEC

S. Saghir Ahmad, J.1. Respondent is a member of the Indian Administrative and Allied Services. He was appointed in 1968 against a reserved vacancy as he was treated to belong to Nunlya community which was declared to be a Scheduled Caste community in the State of West Bengal and not in State of Bihar where the respondent was born and had his schooling throughout even upto Graduate level. It was for this reason that the Comptroller and Auditor General wrote to the respondent that he cannot be treated as a member of the Scheduled Caste community. This letter was received by the respondent while he was working as Deputy Accountant General and had been selected for Post-Graduate Diploma Course in Financial Studies in the United Kingdom under Colombo Plan. While he had made all preparations and even purchased air ticket to proceed to the United Kingdom, he received the above letter which scuttled his programme.2. Respondent, at that stage approached the Central Administrative Tribunal where...

Pilcom Vs. Income Tax Officer

Court : Kolkata

Reported in : [2000]77ITD218(Cal)

ORDERS. Bandyopadhyay, A.M. :These two appeals have been filed by both the sides against the order of the Commissioner (Appeals) dated 28-12-1998. Since the issues involved are common in both the appeals, they have been consolidated and a common order is being passed for the sake of convenience.2. The assessee before us is Pak-Indo-Lanka-Joint Management Committee (hereinafter referred to as the PILCOM), which is actually a committee formed by the Cricket Control Boards/Associations of three countries viz., Pakistan, India and Sri Lanka, formed for the purpose of conducting the World Cup Cricket Tournament for the year 1996 in these three countries. Actually, International Cricket Council (hereinafter referred to as the ICC) is a non-profit making organisation having its Headquarters at London, which controls and conducts the game of cricket in the different countries of the world. ICC has got nine full members and twenty associate members. In special meeting of ICC held on 2-2-1993 at...

Mora Ho Vs. State of Bihar and ors.

Court : Patna

R.A. Sharma, J. 1. I have gone through the two Judgments prepared by my two learned brothers (S.J. Mukhopadhaya and M,Y. Eqbal, JJ.) who along with me were the members of the Full Bench, which was constituted to answer the questions referred, which have been reproduced on the 2nd page of the judgment of Hon'ble S.J. Mukhopadhaya, J. 2. Hon'ble S.J. Mukhopadhaya. J. has held that Wilkinson's Rules have not been framed by the Governor General in the Council, who was the only competent authority at the relevant time to frame such Rules and, therefore, they lack statutory force and the law laid down by the Division Bench earlier In the case of Dulichand Khirwal, AIR 1958 Pat 366 and Mahendra Singh's case, AIR 1958 Patna 603, does not represent the correct legal position. Hon'ble M.Y. Eqbal, J. on the other hand has taken a contrary view holding the said Rules to be statutory in nature. The decisions of the Division Bench of this Court in Dulichand Khirwal. AIR 1958 Patna 366 and Mahend...

Subhash Mohan Dev Vs. Santosh Mohan Dev and ors.

Court : Guwahati

1. This appeal is directed against the two orders passed by the Company Law Board (hereinafter referred to as the CLB) in Company Petition No. 52/98 u/s 397/398 of the Companies Act which has arisen in the following circumstances. 2. Crozier's Agency Private Limited, pro forma respondent No.6 is a Company belonging to one family consisting of three brothers each with sharholding in the proportion of one third. Two of the brothers, who are respondents in this proceeding, brought an action before the CLB alleging, inter alia, that the shareholding position has altered by issue of additional shares in favour of the appellant group and that one of the respondents was removed from the office of the Director. Considering all the aspect of the matter the CLB suggested the parties for resolving the dispute amicably. The CLB accordingly passed an order on 16.12.1998 suggesting for restoration of parity in the shareholding and ordering one of the petitioners to continue in the Board of Directo...