Tribunal Court May 2014 Judgments
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M/S. Durham Spintex and Holding Pvt. Ltd. Vs. C.S.T. Service Tax Ahmed ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad
Decided on: May-16-2014
H.K. Thakur, J. 1. Appeal No. ST/174/2012-SM, filed by M/s. Dhurham Spintex and Holding Pvt. Ltd., arises out of Order-in-Appeal No.319/2011(STC)/K.Anpazhakan/Commr.(A)/Ahd., dt. 21.12.2011, passed by the Commissioner (Appeals-IV), Ahmedabad. 2. The appellant is a merchant exporter of goods holding Service Tax Registration for discharging its service tax on GTA Service and filed a refund claim for Rs. 18,831/- in terms of notification no.17/2009-ST dt. 07.07.2009 on services used by them for export of goods for the quarter April 2010 to June 2010. The Assistant Commissioner rejected the refund claim on the grounds that the conditions 2(i)(B), 2(i)(F) of notification no.17/2009-ST were not fulfilled by the claimant besides some services, for which refund claim was claimed, were not covered by the notification no.17/2009-ST. Aggrieved with the Order-in-Original, the appellant filed appeal with the Commissioner (Appeals), who rejected appellants appeal vide impugned Order-in-Appeal on the...
Vinesh Madanaya Kalwal Vs. State of Maharashtra the Collector, Chandra ...
Court: National Green Tribunal Principal Bench New Delhi
Decided on: May-16-2014
1. The present Application was originally listed before the Hon'ble High Court Judicature at Bombay, Bench Nagpur, as Public Interest Litigation (PIL) bearing WP No.3501 of 2006, which was transferred to this Tribunal, vide the Hon'ble High Court order dated October 17th, 2013. The Hon'ble High Court has taken Suo Motu cognizance of the public cause in respect of increase in air pollution levels allegedly caused by M/s Lloyds Metal and Engineering Ltd., which is causing adverse health impacts on the villagers in the locality. Hon'ble High Court had issued various orders in this Petition from time to time and particularly on October 15th, 2008 ordered MPCB-Respondent No.2 to give monthly reports w.e.f. March 2009. Advocate Shri. C.S. Kaptan was appointed as Amicus Curie by the High Court, who has also submitted detailed reports, supporting to the cause of PIL. 2. The Applicant submits that the Application is related to air pollution caused due to the industrial units in village Ghuggus,...
M/S. Sail, Bokaro Steel Plant Vs. Commissioner of Central Excise and S ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: May-16-2014
1. The issue involved in Appeal No.E/A/460/01, is the eligibility of the credit on furnace oil used for generation of electricity, consumed in township and the credit taken on the inputs received in short quantity. The total demand in respect of the Appeal is of Rs.10,25,424/-, out of which, demand of Rs.63,101/- relates to the excess credit by the Assessee on the inputs received short. The issue involved in Appeal No.E/A/461/01 comprises of eligibility of credit of Rs.9,93,545/- on the furnace oil used for generation of electricity used in the township. Rs.8,988/- relates to the excess credit taken on the inputs received short and Rs.96,662/- relates to the credit taken on the documents other than the duplicate copy of the invoice. 2. The ld. Advocate for the Appellant has submitted that only 2.39% of the total electricity from grid has been used in township and therefore, the reversal of credit in excess of 2.39% of the furnace oil is not liable to be reversed. In this regard, she ha...
Munnilal Girijanand Shukla and Union of India, Through Secretary, Mini ...
Court: National Green Tribunal Principal Bench New Delhi
Decided on: May-16-2014
1. This is an Application filed for condonation of delay under Section 5 of the Limitation Act, read with Section 14 (3) and 18 of the National Green Tribunal Act, 2010. The Applicants seek condonation of delay, if any, in filing of the Original Application No.45 of 2013. They would submit that in fact, there is no delay in filing of the Original Application, because of continuity of 'cause of action' in view of the alleged 'fraud' committed by the Respondent No.11, Rashmi Infrastructure Ltd., which will be referred to hereinafter as "M/s Rashmi Infrastructure" for the sake of brevity. Still, however, in case, if there is any delay found in filing of the main Application, they seek condonation on the ground that the delay is bonafide, justified and explained satisfactorily. 2. The Applicants allege that for the first time, the cause of action arose on 21st October, 2013, when they received information from the Environment Department of the State of Maharashtra, in reply to the RTI Appl...
Dr. (Sau.) Nandini Sushrut Babhulkar and Others Vs. Maharashtra Indust ...
Court: National Green Tribunal Principal Bench New Delhi
Decided on: May-16-2014
Common Judgment 1. By this common Judgment, all the above matters, are being disposed of together, inasmuch as identical question is required to be determined in both the Appeals and the Misc. Applications. 2. For the sake of convenience, the Appeal No.7 of 2013, will be treated as leading matter and the relevant averments and documents filed therein, will be referred for the purpose of discussion. 3. Original Appellants in Appeal No.7 of 2013, Dr.(Sau) Nandini Sushrut Babhulkar and Ors, have preferred Appeal against the Environment Clearance (EC) certificate dated March 28th, 2012, granted by the Respondent No.3 -SEIAA, i.e. competent authority of the Environment Ministry of the State of Maharashtra, in favour of Respondent No.4 M/s AVH Chemicals P Ltd. (For short, hereinafter referred to as "Chemical Industry"). 4. The same the Environment Clearance (EC) certificate dated March 28th, 2012, is the subject matter of challenge in Appeal No.2 of 2014, filed by the Appellant - Narsing Pat...
M/S. Sky Net Work Vs. C.S.T. Bhavnagar
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad
Decided on: May-16-2014
H.K. Thakur, J. 1. Appeal No. ST/288/2012-SM, filed by M/s. Sky Net Work, Amreli, arises out of Order-in-Appeal No.16/2012/(BVR)/COMMR.(A)/RBT/RAJ, dt. 27.02.2012, passed by the Commissioner (Appeals), Customs and Central Excise, Rajkot. 2. Briefly stated the facts of the case are that during the course of scrutiny of ST-3 Return for the half year ending 31.03.2007, the jurisdictional Superintendent requested the appellant, (a Cable Operator), to produce CENVATABLE invoices / Challans / Bills in support of CENVAT Credit of Rs.57,947/- taken by them during the period of ST-3 Return, but the appellant failed to produce the same. Therefore, Show Cause Notice was issued to the appellant for demand and recovery of irregularly availed CENVAT Credit of Rs.57,947/- alongwith interest and imposition of penalty under Section 76 of Finance Act, 1994 and penalty under Rule 15(3) of the CENVAT Credit Rules, 2004. The demand of Rs.57,947/- was confirmed against the appellant along with interest and ...
Ramakant Mishra and Others Vs. Bharat Sanchar Nigam Ltd. Through Its M ...
Court: National Green Tribunal Principal Bench New Delhi
Decided on: May-15-2014
Dalip Singh, Judicial Member: 1. On the previous date it had been brought to our notice that the judgment of the Hon'ble High Court of Rajasthan dated 27.11.2012 which was taken into consideration by this Tribunal while passing the earlier order and on which certain clarifications were sought from the Respondents, is a subject matter of appeal before the Hon'ble Supreme Court. 2. The Learned Counsel for the parties submitted that the aforesaid appeal which was fixed in the month of April, 2014 has since been adjourned for taking up after the ensuing summer vacation by the Hon'ble Supreme Court. The Learned Counsel for the parties submit that since the issues raised in this application are similar to the one which is being dealt with by the Hon'ble Supreme Court on the matter arising out of the judgement of Hon'ble High Court of Rajasthan, the present application may be disposed of with the directions that the parties shall abide by the decision given by the Hon'ble Supreme Court on the...
Kailash Chand Meena and Others Vs. State of Rajasthan Through the Secr ...
Court: National Green Tribunal Principal Bench New Delhi
Decided on: May-15-2014
Dalip Singh, Judicial Member: 1. This Original Application was originally filed in Public Interest Litigation (PIL) as a writ petition before the Hon'ble High Court of Rajasthan by the three Applicants jointly which was registered as S.B. Civil Writ Petition No. 631/2005. The Hon'ble High Court vide its order dated 23 rd September, 2013 transferred the Writ Petition to the NGT, Central Zone Bench at Bhopal and consequently it came to be registered as O.A. No. 122/2013. After receipt of the aforesaid matter before this Tribunal, notices were ordered to be issued on 5th December, 2013 to the parties. Pursuant to the notices, the Applicant as well as the Respondents have put in their appearance. Vide order dated 29th January, 2014 it was ordered that the interim order passed by the Hon'ble High Court on the order of the Respondent No. 3 SDO, Sikrai, District Dausa passed on 29th July, 2003 Annexure-4 to the petition in Case No. 105/2002 was ordered to be stayed which was continued by this...
Sukhjeet Singhahulwalia, Betul (M.P.) Vs. Gurudwara Gurunanak Mandir T ...
Court: National Green Tribunal Principal Bench New Delhi
Decided on: May-15-2014
Dalip Singh, Judicial Member 1. As per our order dtd. 02.05.2014 an amount of Rs. 21,000/- has been deposited by the Respondent No. 1 with the CMO of the Nagar Palika, Betul, Respondent No. 2 for carrying out plantation and protection of the trees by Respondent No. 1 and Respondent no. 2 jointly. 2. Today, Shri Sachin K. Verma, Learned Counsel has filed Misc. Application No. 225/2014 for taking on record the documents including photostat copy of the cheque bearing no.004370 drawn on Bank of Mahrashtra, Main Road Betul Gunj, Betul, Gokul Trade Centre. Shri Sachin K. Verma, Learned Counsel has also indicated in the Misc. Application filed today that the Municipal Council, Betul has resolved to sanction a sum of Rs. 20,000/- in public interest for beautification of the area near the Gurudwara and cleaning up of Hathi Nalah for which estimates have also been filed along with the said Misc. Application as Annexure R-2/3 along with site plan for executing the aforesaid planting and developme...
Bharat Aluminum Company Limited Vs. Chhattisgarh State Electricity Reg ...
Court: Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on: May-13-2014
Rakesh Nath, Technical Member 1. This Review Petition no. 7 of 2014 has been filed by Bharat Aluminum Company Limited for Review of judgment of this Tribunal dated 2.1.2014 in Appeal no. 28 of 2013 on the ground that there is error apparent on the face of the record. 2. The Review Petitioner/Respondent no.2 has stated that the finding of the Tribunal that the relief of annual overhauling for outage of unit 3 and 4 would not qualify for force majeure is an apparent error as the Review Petitioner had made a claim for annual overhauling as statutory entitlement and not as a force majeure condition in Petition no. 55 of 2010. The claims were made separately for annual overhauling and incidence of force majeure. The Tribunal has found in the impugned judgment that the dispensation allowed in order dated 30.4.2010 for the period 2010-11 for the PPA entered into for a period of one year could not be applied in the present case. This is also is an apparent error as the order dated 30.11.2012 o...
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