Court : Supreme Court of India
Reported in : (2007)210CTR(SC)282; [2007]291ITR391(SC); 2007(7)SCALE772; (2007)4SCC705
S.H. Kapadia, J.1. A short question which arises for determination in this civil appeal is: Whether ITAT was justified in law, on the facts and circumstances of this case, in holding that the method adopted by the assessee for valuation of closing stock of 'zinc concentrate' at the international rate, was in order, particularly when there was no export during the financial year ending 31.3.96 and particularly when in the past the assessee has been valuing the closing stock of zinc concentrate for captive consumption at the weighted average cost. The facts giving rise to this civil appeal briefly are as follows.2. At the relevant time respondent-assessee was a Government Company. In this civil appeal we are concerned with the assessment year 1996-97. Assessee was engaged in the business of producing zinc concentrate which was utilized by the assessee captively. During the assessment year 1996-97, zinc concentrate got accumulated to the extent of 84000 metric tones (approximately). It wa...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(5)ALD1(SC); 2007(3)CTC596; JT2007(8)SC398; (2007)5MLJ170(SC); 2007(8)SCALE254; (2007)6SCC624; 2007AIRSCW3603
S.B. Sinha, J.1. Constitutionality of a notification issued by the Government of the Andhra Pradesh levying different rates of entertainment tax is in question in this Writ Petition filed by the petitioner herein under Article 32 of the Constitution of India. The petitioner herein carries on its business as a distributor of motion film at Hyderabad. The field of his activity is said to be distribution of Hindi films in the State of Andhra Pradesh.2. The State of Andhra Pradesh made an Act known as 'Andhra Pradesh Entertainment Tax Act, 1939'. The said Act was enacted in terms of Entry No. 62 of List II of the VII Schedule of the Constitution of India which reads as under:62. Taxes on luxuries including tax on entertainment, amusement and betting and gambling.3. It is not in dispute that the rate of tax in respect of Telugu film was fixed at 10% and that of non-Telugu film has been fixed at 24%.4. Representations were made to the Government of Andhra Pradesh to withdraw the said purport...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2445; [2007]291ITR482(SC); 2007(8)SCALE222; 2007[7]STR257
S.H. Kapadia, J.1. Leave granted.2. These civil appeals filed by the Department concern computation of the profits of the Indian permanent establishment (for short, 'PE') of the Korean company, M/s. Hyundai Heavy Industries Co. Ltd. (for short, 'HHI'). Assessee is a non-resident foreign company incorporated in South Korea. On 12.3.85 it had entered into an agreement with Oil and Natural Gas Company (for short, 'ONGC') for designing, fabrication, hook-up and commissioning of South Bassein Field Central Complex Facilities in Bombay High. In short, the contract was in two parts, one was for fabrication of platform and the other was installation and commissioning of the said platform in South Bassein Field. In these civil appeals we are concerned with the assessment years 1987-88 and 1988-89. The assessee is incorporated under the laws of Republic of Korea. Its registered office is in Korea. As regards assessment year 1988-89, assesses filed its return of income on 3.8.1988. The return ind...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(4)ALLMR(SC)777; 2007(3)AWC3155(SC); 104(2007)CLT719; 2007(4)CTC810; 2007(6)MhLj7; LC2007(2)193; 2007(35)PTC1(SC); 2007(7)SCALE608; (2007)6SCC1
Harjit Singh Bedi, J.1. Leave granted.2. This appeal arises out of the judgment and order dated 27th October 2005 of the Punjab and Haryana High Court whereby the order of the trial court dated 11th December 2003 rejecting an application moved by the appellants under Order 39 Rules 1 and 2 of the Code of Civil Procedure praying for the grant of ad-interim injunction, has been confirmed.3. The plaintiffs-appellants M/s. Heinz Italia S R L is the proprietor of the trademark 'Glucon-D' which has been registered in India under Registration No. 305664 (Class 30) under The Trade and Merchandise Marks Act, 1958 (hereinafter called the 'Act'). This trademark had earlier been registered in the name of Glaxo on 21st May, 1975 but subsequently vide deed of assignment dated 30th September 1994 had been assigned to the first petitioner along with the goodwill etc. Glaxo Laboratories had also assigned their rights in the artistic work used on the packaging. The plaintiffs-appellants thereupon used t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2276; (SCSuppl)2007(3)CHN95; 2007(7)SCALE546; (2007)6SCC668; 2007AIRSCW3962
S.B. Sinha, J.1. Validity or otherwise of certain provisions of the West Bengal Central Valuation Board (Amendment) Act, 1994 (for short 'the Amendment Act') is in question in these appeals which arise out of a judgment and order dated 24.12.2003 passed by a Division Bench of the High Court of Calcutta dismissing the writ petition filed by the appellant herein and, thus, upholding the impugned provisions thereof.2. Members of the appellant association are occupiers of lands and buildings situated within the territorial limits of the Bidhannagar Municipality. Annual valuation of lands and buildings for the purpose of assessment of municipal tax indisputably is governed by the provisions of the West Bengal Municipal Act, 1993 (for short 'the Municipal Act'). In terms of Section 110 thereof, the annual valuation of lands and buildings is required to be determined by the Central Valuation Board (for short 'the Board'). The Board was established under the provisions of the West Bengal Centr...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC961; 2008CriLJ1409; JT2007(7)SC206; 2007(7)SCALE486; (2008)3SCC(Cri)362; 2008(1)KCCRSN13; ].2008AIRSCW492
S.B. Sinha, J.1. One Anna Shetty was facing trial for murder of one Duni Chand Kalani. Duni Chand Kalani is said to be the uncle of one Pappu Kalani. He was an accused in a murder case. The said Anna Shetty was murdered in Jail. Anna Shetty was released from jail on 15.10.1990. He was murdered on the same day. The appellant was an accused therein with many others. The said murder took place in view of the long standing enmity between two gangs belonging to Gopal Rajwani and Pappu Kalani. A First Information Report was lodged under Section 302/307 IPC as also under the Arms Act. Appellant, however, along with others, were also charged under Terrorist and Disruptive Activities (Prevention) Act (hereinafter referred to as TADA').2. Indisputably, a Constitution Bench of this Court in Kartar Singh v. State of Punjab : 1993CriLJ183 , while upholding the validity of TADA directed constitution of a Committee to review the cases pending thereunder for the purpose of making recommendations to th...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(4)AWC3241(SC); (2008)4MLJ551(SC); 2007(8)SCALE35; (2007)6SCC586
Markandey Katju, J. 1. Leave granted. 2. This appeal furnishes a typical instance of a widespread malady which has infected the judicial system in India, namely, the tendency in some courts of not exercising judicial restraint and crossing their limits by encroaching into the legislative or executive domain, contrary to the broad separation of powers envisaged under our Constitution. 3. Heard learned Counsel for the parties as well as Shri Amarendra Sharan, learned Additional Solicitor General and Shri M.N. Krishnamani, Sr. Advocate. 4. This appeal arises out of a writ petition filed in the Allahabad High Court in which the grievance of the writ petitioner was of charging excessive electricity bills by the U.P. State Electricity Board. In para 19 of the writ petition it was also mentioned that the petitioner had, before filing the writ petition, approached the District Consumer Forum, Chamoli but the same was not decided because the term of two members of the District Consumer Forum ha...
Tag this Judgment!Court : Supreme Court of India
Reported in : [2007]137CompCas679(SC); (2007)3CompLJ1(SC); JT2007(8)SC653; (2007)6MLJ1805(SC); 2007(7)SCALE589; (2007)4SCC341; [2007]76SCL350(SC)
ORDER1. The challenge in these appeals is to the validity of the provisions of Companies Act, 1956 as amended by the Companies (Second Amendment) Act, 2002, which provides for setting up of National Company Law Tribunal and National Company Law Appellate Tribunal. Barring the jurisdiction exercised under Articles 226 and 227, almost all jurisdictions hitherto exercised by the High Courts in regard to the company matters would be transferred and exercised by the proposed Tribunal and Appellate Tribunal.2. We have heard Mr. Gopal Subramanium learned Additional Solicitor General of India and Mr. A.P. Datar learned Senior Counsel appearing for the Madras Bar Association, at some length.3. Law relating to the legislative competence to establish Tribunals has been enunciated in several judgments of this Court, including L. Chandra Kumar v. Union of India and Ors. : [1997]228ITR725(SC) ; Union of India and Anr. v. Delhi High Court Bar Association and Ors. : [2002]2SCR450 and State of Karnatak...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(2)ARBLR288(SC); JT2007(8)SC327; 2007(7)SCALE625
ORDERP.K. Balasubramanyan, J.1. The respondent took up the project of construction of a thermal power plant at Ramagundam in Karimnagar District of the State of Andhra Pradesh. It entered into four sub-contracts with the petitioner relating to that work. The general conditions of sub-contracts were to be part of the four separate contracts. The sub-contracts were terminated on 25.7.2001 with effect from 7.8.2001. It appears that there were subsequent discussions between the parties and on the basis of ascertainment of the sums due to the petitioner the same were paid by the respondent and the petitioner in return gave in writing that it had received full and final payment from the respondent in terms of the settlement between the two and also a certificate that all payments against the said four sub-contracts have been made by the respondent to the petitioner and received by the petitioner and that no bills are pending with the respondent for settlement. After the matters rested on thi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2248; 2007(2)BLJR1643; (2007)210CTR(SC)162; [2007]291ITR370(SC); JT2007(8)SC349; 2007(8)SCALE170; (2007)6SCC496
S.B. Sinha, J.1. Leave granted in all the Special Leave Petitions.2. Respondent is a subsidiary to the General Insurance Corporation of India. It is wholly a government owned company engaged in the business of general insurance. It is an income-tax asessee. Its affairs, indisputably, are governed by the provisions of the Insurance Act, 1938 (for short, 'the 1938 Act). For the assessment years 1974-75, 1975-76 and 1978-79, it filed its income tax returns. Such returns were filed relying on or on the basis of the annual accounts furnished by it before the Controller of Insurance.3. The Assessing Officer opined that Respondent was not entitled to any deduction in respect of the provisions of taxation by way of 'reserve for bad and doubtful debts' and 'entertainment allowance'. The Commissioner (Appeals), however, in respect of the assessment year 1974-75 allowed various deductions and the order of the Assessing Officer disallowing certain expenditure was set aside by orders dated 09.02.19...
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