Court : Mumbai
Decided on : Nov-06-2003
Reported in : 2004(1)ALLMR732; 2004(1)BomCR4
..... situation of exploitation of human beings, contrary to the provisions of our constitutional directives. i am, therefore, unable to accept the contention that the payment of earned wages to the workmen (it cannot be disputed that payment under settlement would be 'wages' within the meaning of section 2(rr) of the industrial disputes act) was intended to be defeated by invoking the bar .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Jan-08-2003
Reported in : (2003)81TTJ(Mum.)779
..... rollers which are used in the textile, paper and other industries. it follows the mercantile system of accounting. there was a dispute between the assessee-company and the central excise authorities regarding the liability of the assessee for payment of excise duty.ultimately, the first appellate authority decided the matter in favour of the assessee ..... but in the subsequent year, the amounts were adjusted/refunded. thus, the assessee was collecting the excise duty and holding it as a proceed and on final settlement of the dispute with the excise authorities, it was dutybound to return to the customers, and it did so. accordingly, in our considered opinion, the provisions ..... liability to its customers. in that view of the matter and keeping in perspective the fact that the assessee was maintaining accounts in conformity with the mercantile system, the liability to refund excise duty to customers had been incurred and the assessee was entitled to deduction of that amount.14. in our opinion, .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-2003
Reported in : 2004(1)ALLMR34; 2004(2)ARBLR101(Bom); 2004(3)BomCR165; [2005]123CompCas11(Bom); (2005)3CompLJ258(Bom); [2004]51SCL476(Bom)
..... the parties. the basis of the claim was that transactions had been entered into on behalf of the appellant through the on line screen based trading system of nse and, in settlement 10 of 2001 covering the period between 7th march, 2001 and 13th march, 2001, the first respondent bought for and on behalf of the appellant, ..... placed on the first respondent. thereafter, it was observed that there appears to be no dispute that on the date on which the purchases had been made if payment had been made by the appellant, the shares could have been delivered and transactions could have been completed. the learned judge observed that there was considerable substance ..... though the petitioner does not get the shares'.the learned judge then observed that it appears that a consistent attempt has been made by the appellant to avoid making payment. these observations, with great respect, are not warranted at this stage. the learned judge has followed the procedure prescribed by section 34(4) so as to enable .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-08-2003
Reported in : 2003(1)ALLMR830; 2003(3)BomCR30; [2003(97)FLR189]; (2003)IILLJ410Bom
..... of performance by direct production departments or kurla works. i perused clause (8) in its entirety. in short, the submission of mr. rele was that payment of bonus even under the settlement dated july 8, 1991 was linked with profit and productivity and in view thereof it cannot be said to be customary in nature. the clause (8) ..... profit and productivity and at no point related to any custom or usage. he submitted that bonus was paid by the company pursuant to the settlement signed between the parties and the payment was not made at uniform rate. heavy reliance was placed upon the judgment of the apex court in upendra chandra chakraborty and anr. v. ..... upon by the tribunal is concerned, he submitted that the tribunal ought not to have placed reliance upon the draft settlement since the settlement was not finalised and signed by the parties. mr. rele also submitted that the payment of bonus cannot be adjudicated on the basis of amounts paid in other factories/undertakings and that in any event .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-19-2003
Reported in : 2004(2)BomCR265; 2003(4)MhLj903
..... money or any benefit which is capable of being computed in terms of money. thus, where the amount due to the workmen, flowing from the obligations under a settlement, is pre-determined and ascertained or can be arrived at by any mathematical calculation or simpliciter verification and the only enquiry that is required to be made is whether ..... amount is required to be made.'9. the apex court therefore, has clearly held that whether the amount due to the workmen flowing from the obligations under the settlement is predetermined or ascertained or can be arrived at by any mathematical calculation or simpliciter verification and the only enquiry that is required to be made is whether it ..... period specified under the proviso as 'within one year from the date on which the money become due' has necessarily to relate to the date or period fixed for payment under such award and in the absence of fixation of such date or period the date of such award under which amount becomes due. being so, in the case .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-25-2003
Reported in : 2004(1)ALLMR601; 2004(2)BomCR185; 2004(2)MhLj378
..... order passed by the court under chapter vi of the state act while section 33c(1) deals with a situation where the money due to an employer is under a settlement, award or under chapter va or vb of the central act. moreover, whereas the power under section 50 of the maharashtra recognition of trade unions and prevention of unfair ..... by an order dated 20th june 2003 which is called into question in these proceedings.4. under the order of the industrial court for the period january to july 2000, payment had to be made of 50% of the wages. after july 2000, until the workmen resumed duties, they were to be paid their wages. the industrial court recorded ..... respondents to pay 50% of the wages to the complainants and to the employees referred to in the complaint from january to july 2000 and to thereafter continue the payment of wages until the employees were taken back on duty was admittedly not complied with. the petitioners thereupon moved an application under section 50 of the act before the .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Mar-25-2003
Reported in : (2003)(155)ELT195Tri(Mum.)bai
..... in hindustan commercial bank ltd. v. punnu sahu (dead) through legal representative - 1971 (3) scc 124. we are therefore satisfied that the application made to the settlement commissioner not having been dealt with on merits, have not been entertained within the meaning of sub-section (7) of section 32pa of the act and the appeals before ..... his case settled. subsequently, both the assessee and its director sought for permission to withdraw the appeals which were granted and made an application to the settlement commission for settlement of their cases.this was done in terms of section 32pa of the act and there is no dispute about its applicability to the facts of this case ..... approx; and in the year 2000-01 was rs. 4.76 lakhs. it is also contended that on merits the basis for the department's case, of the payment made by the applicant, a textile processor, to its contractor is faulty. the department records the statements of the person relied upon. it is further stated that chandrakant .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Apr-23-2003
Reported in : (2004)85TTJ(Mum.)821
..... to them by the assessee, (iii) that there was not completed sale of 5th feb., 1948 and, therefore, the difference received by the assessee pursuant to the settlement of 5th feb., 1952, was liable to be included in its income and taxed for the asst, yr.1953-54". the learned departmental representative, therefore, contended that ..... the capital by the assessee-company in arvi associates. the learned departmental representative, also supported the findings of the ao that the assessee-company did not receive any payment for the sale of shares. the assessee-company also did not produce the original shares for examination. therefore, according to him, the transaction was not genuine. ..... incurred according to the method upon the basis of which profits or gains are computed. he also brought to our notice that the assessee-company follows mercantile system of accounting and hence, crediting the account of the assessee-company in the books of the firm and debiting the account of the firm in the books .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-27-2003
Reported in : 2003(5)BomCR743; 2003(4)MhLj391
..... complaintunder section 135 it is difficult to hold that the criminal proceedings werepending against the petitioner during the relevant period. this is apart from thefact that the settlement commission has granted immunity to the petitioneragainst the prosecution.11. mr. dada learned counsel appearing for the mseb, however,contended that the words 'criminal proceedings ..... cannot be realized therefrom the only thingwhich he can do is to notify the matter to the appropriate magistrate whois the only person empowered to enforce payment as if such penalty orincreased rate of duty had been a fine inflicted by himself. the process ofrecovery can be issued only by the magistrate ..... of revenue and the power of revision is givento the central government which certainly is not a judicial authority. inthe matter of the enforcement of the payment of penalty or increased rateof duty also the customs officer can only proceed against other goods ofthe party in the possession of the customs authorities, but .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-2003
Reported in : 2003(3)ALLMR488; 2004(1)ARBLR212(Bom); 2004(1)BomCR307
..... lakhs each, one on 4th november, 1999 and another on 5th november, 1999. the 45th settlement was between the period from 10th november, 1999 to 16th november, 1999 and the arrears shown as recoverable are in ..... served on the petitioner. factually, it may also be set out that no contract notes exchanged between the parties in respect of disputed transactions nor the accounts for the settlement periods, sent by respondent no. 1 to the petitioner were produced. there is also no correspondence in writing between the parties until the purported police complaint which is ..... 1. the settlement period was 13th october, 1999 to 19th october, 1999. at the end of that period, the amounts payable by respondent no. 1 to the petitioner was in the sum of rs. 12,59,180.39 ps. the case of the petitioner is that thereafter to extend the margin, he had given two further payments of rs. 5 .....
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