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Puneet Resins Ltd. Vs. Designated Authority

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2005)(98)ECC504

..... terms of rule 17of the rules submitted its final findings and recommended an anti-dumping duty in respect of the nbr imported from germany and korea. the union of india issued notification no.91/2001, dated 7-9-2001 imposing anti-dumping duty in pursuance to the recommendations of the designated authority.3. by ..... . the designated authority also while evaluating the normal value for domestic sales, had excluded all those transactions which were not made in the ordinary course of trade after evaluating the weighted average cost of production. the export price was also fixed after taking into consideration the adjustments claimed by the appellants. in these ..... considering the aforesaid findings of the designated authority, hereby imposes on acrylonitrile butadiene rubber, falling under chapter 40 of the first schedule to the said customs tariff act, originating in, or exported from, korea rp and germany, and imported into india, an anti-dumping duty at the rate which is equivalent to the .....

Dlf Ltd Vs. Securities and Exchange Board of India and ors.

Court : Delhi

..... cases, speed in taking a decision is warranted, to track an errant stock exchange manipulator, or discipline behaviour which is outlawed by regulations, such as insider trading, there would be complete paralysis, and parliamentary intention of exercising effective regulative supervision would be defeated, if a pre-opinion formation hearing is to be read into ..... court, under article 226 of the constitution of india, from entertaining a proceeding. reliance was placed on the supreme court ruling in whirlpool corporation v. registrar of trade marks & ors., (1998) 8 scc 1.13. sebi opposed the appeal, arguing that the impugned judgment does not disclose any error, or much less a ..... hearing inheres in any party at the first stage of investigation, when sebi considers whether to act on a complaint. concededly, a right to hearing exists in quasi-judicial and even administrative proceedings (swadeshi cotton mills v union of india air 198.sc 818). however, this is so only when the decision is based .....

Rajesh Gupta Vs. Central Bank of India

Court : Delhi

..... which shri suresh kumar gupta agreed; (vi) that the appellant presented the said bank draft to his banker i.e. the union bank of india for encashment and which was duly encashed and credited in his account; (vii) that after nearly two months therefrom ..... on 1stoctober,1999, had instituted the suit claiming the relief of declaration supra, pleading: (i) that he is carrying on business of trading in ropes and niwar in the name and style of m/s. rajesh & co; (ii) that on 1st april, 1999, one ..... held that there was inconsistency in kanhaiya lal mukundlal saraf in, on the one hand observing that section 72 of the contract act is subject to question of estoppel, waiver, limitation or the like and on the other hand, holding that equitable considerations cannot be ..... the draft would be presented for encashment. reliance was placed on r.e. jones, ltd. vs. waring & gillow ltd. (1926) all e.r. rep. 36 and state bank of india vs. punjab national bank 57 (1995) dlt55and section 85a and sections 123 .....

Mac Laboratories (P) Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1985)LC305Tri(Delhi)

..... 'u' are meant for manufacturers only and all the words and expressions used in it do not necessarily reflect the normal or trade usages of such words. the annexure ends by stating that the drug's act and drug's rules are frequently amended and that as recently defined, drugs would include even packaging materials, soaps, mosquito repellants.12 ..... revising his own decisions and this is not permissible. he cited many decisions in this respect.48 the learned counsel quoted a case of j. k. synthetics v. union of india-1981 e.l.t. 328 (del.). the court ruled that the department should be restrained from capriciously changing its stand and inflicting unnecessary proceedings and hardship ..... action taken by central excise in respect of m/s. mac laboratories 50. the next case quoted by the learned counsel for mac laboratories, is bhor industries v. union of india- 1980 e.l.t. 752. the assistant collector had classified certain goods in a certain manner and this was challenged in appeal. at this stage, .....

M.C. Mody and Bros. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(44)ELT484TriDel

..... tariff rulings or tariff advices, as they are now called, and other administrative directions has been settled by the supreme court in the orient paper mills ltd. v.union of india (1978 (2) e.l.t. (j 382) where the court held that quasi-judicial authorities cannot be controlled by any such rulings, advices or ..... may be in the administrative heirarchy. the court further observed that when assessing authorities and appellate authorities are called upon to decide disputes arising under the act (customs act), they must act independently and impartially. this is precisely what the appellate collector has done in the present case. we have, therefore, to arrive at the classification of ..... have adopted a rather strange and self-contradictory stand.in one breath they say that the subject goods were being assessed in accordance with tariff advice no. 25 (trade notice no. 19, dated 14-12-1976) which had a binding effect on the department. according to them, the impugned demand was, therefore, bad in law .....

Lubrizol (India) Pvt. Ltd. Vs. Designated Authority

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2005)(187)ELT402TriDel

..... 16-1-2002.3. in the proceedings before the designated authority pursuant to initiation of the investigation concerning imports of pib against six countries/territories european union, brazil, japan, korea, singapore and thailand, the appellants had filed responses to the initiation notification of 16-1-2001. the designated authority published ..... include, inter alia, the volume and prices of imports not sold at dumping prices, contraction in demand or changes in the patterns of consumption, trade restrictive practices of and competition between the foreign and domestic producers, developments in technology and the export performance and the productivity of the domestic industry." ..... objection that the appellants were not persons aggrieved, and therefore, the appeals were not maintainable at their instance under section 9c of the tariff act. it was argued that the appellants not being importers during the period of investigation were not "interested parties" within the meaning of rule 2 .....

Novex Communication Pvt. Ltd. Vs.lemon Tree Hotels Ltd. & Anr.

Court : Delhi

..... , musical work or artistic work.16. the judgment of the ld. single judge dated 12.10.2017 titled as m/s event and entertainment management association (eema) v. union of india and ors in w.p.(c) 12076/2016 does not in any manner apply to the facts of the present case because all that the said judgment held ..... executed by zee entertainment enterprises ltd. (hereinafter zee ), eros international media limited (hereinafter eros ) and shemaroo entertainment limited (hereinafter shemaroo ), because as per section 33(1) of the act only a copyright society is to legally license copyright works of sound recordings and it is this finding of the trial court that is impugned in the present appeal.2 ..... infringement of copyright; or (b) when any person (i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or (ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or (iii) by way of .....

Shrishma Fine Chem. and Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1991)(31)ECC170

..... used in manufacture of bulk drugs for which only raw materials having prophylactic/therapeutic values can be used.17. the bombay high court in the case of rakesh enterprises v. union of india. [1986 (25) e.l.t. 906] has held that "phenol usp must be treated as a drug because of its inclusion in the pharmacopeia and as phenol ..... indian pharmacopeia treats it as drug. in support of this contention, he relied on the decision reported in 1986 (25) e.l.t. 906 (m/s. rakesh enterprises v. union of india). in this case, the bombay high court has held that phenol usp is a drug and drug intermediate. he also relied upon another decision of the bombay high ..... v. state of goa [1988 (36) e.l.t. 369a], wherein it was held that the definition of drug given in the drugs and cosmetic act 1940 is relevant for determining its meaning in the trade and submits that the definition of imported goods reflects the popular meaning that the goods imported are drugs.7. the learned counsel submits that the collector .....

T.T.G. Industries Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1996)(82)ELT517TriDel

..... 1990 (48) e.l.t. 627 (sc) the hon' supreme court had quoted with approval the decision of gujarat high court in the case of anil ice factory v. union of india -1984 (15) e.l.t. 333 (gujarat), wherein the gujarat high court in para-2 of their judgment had held as under :- "counsel for petitioners has ..... the facts on record, it is seen that the appellant company were engaged in the manufacture of identifiable goods. these goods were manufactured goods and were marketed and traded world wide. in the present case they were supplied as identifiable specific purpose equipment. as common with all the machines they were installed for the purpose. they were ..... complete machinery was only manufactured at bsp while at madras the goods were described as machines. in his statement recorded under section 14 of the central excises and salt act, 1944, shri r.v. ramani, manager of the appellant co. had stated that all items/goods were assembled at bsp and finally assembled into hydraulic drilling machine .....

Raffles Design International India Private Limited & Anr. Vs.educomp P ...

Court : Delhi

..... to accept the aforesaid contention mainly for the reason that the controversy considered by the supreme court in dozco industries pvt ltd, videocon industries, reliance industries v. union of india, union of india v. reliance industries and harmony innovation shipping ltd. (supra) was materially different from the question involved in the o.m.p.(i) (comm.) ..... to entertain the petition filed by the respondents." 78. a similar view was also expressed by the supreme court in reliance industries limited and anr v. union of india: (2014) 7 scc603and union of india v. reliance industries limited and others: (2015) 10 scc213 in those cases the parties had, inter alia, agreed as under:-""33.12 ..... an arbitration agreement executed pre- balco. it is also necessary to reiterate that amendment to section 2 (2) of 89. the act was made on the basis of the united nations commission on international trade law (uncitral) model law as adopted on 21.06.1985 and as amended on 07.07.2006. article 1.2 of uncitral .....