is Health officials stay silent over exactly who is being tested for Covid-19 By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:11:42 GMT Officials are refusing to provide a breakdown of exactly who is being tested for coronavirus amid accusations that the Government is massaging figures to hit targets set by Matt Hancock (pictured). Full Article
is Polar Vortex blasts the northeastern US as latest snow ever is recorded in New York's Central Park By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:15:30 GMT Polar Vortex has blasted into the northeast with record low temperatures, winds and snow. Mt. Washington has a low of just 10 degrees, while Death Valley, California, is could reach 110 degrees. Full Article
is French resistance heroine who helped liberate Paris from the Nazis has died aged 101 By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:24:14 GMT Cecile Rol Tanguy (pictured) died yesterday at her home in Monteaux, central France, as Europe commemorated the 75th anniversary of the surrender of Nazi Germany to Allied forces. Full Article
is Piers Morgan admits he has probably 'taken things a bit too far' with his criticism of Meghan Markle By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:40:20 GMT The Good Morning Britain presenter has previously accused the Duchess of Sussex of having 'ditched' her own relatives and splitting her husband Prince Harry from the Royal Family. Full Article
is Matt Hancock now 'on borrowed time' after battles with Michael Gove, Rishi Sunak and Boris Johnson By www.dailymail.co.uk Published On :: Sun, 10 May 2020 00:44:41 GMT Matt Hancock is living on 'borrowed time' as Health Secretary following clashes with the three most powerful members of the Government over the Covid crisis, The Mail on Sunday has been told. Full Article
is Up to 50,000 coronavirus test samples are sent to the US for analysis after 'operational issues' By www.dailymail.co.uk Published On :: Sun, 10 May 2020 01:07:19 GMT Daily coronavirus tests fell the below 100,000 target for a seventh day in a row. Health Secretary Matt Hancock urged Boris Johnson to 'give me a break' in a furious bust-up over the coronavirus crisis. Full Article
is British Airways owner's boss Willie Walsh warns against two week quarantine By www.dailymail.co.uk Published On :: Sun, 10 May 2020 01:23:33 GMT The CEO of International Airlines Group has waded into the row over the UK government's proposals to force travellers arriving into Britain, including UK citizens returning from holiday, into quarantine. Full Article
is Dr. Fauci goes into 'modified quarantine' and two other Trump aides begin self-isolation By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:23:27 GMT Dr. Anthony Fauci (left), CDC head Robert Redfield (bottom right), and FDA chief Stephen Hahn (top right) will self-quarantine after coming into contact with an infected White House staffer. Full Article
is Metropolitan police officers' spokesman blasts coronavirus response as 'wishy washy' By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:43:27 GMT The Metropolitan Police Federation's Ken Marsh said British authorities 'needed to be firmer right from the beginning'. Pictured: Sunbathers in Greenwich Park, London yesterday. Full Article
is Boris Johnson will tell public to 'stay alert, control the virus and save lives' By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:45:58 GMT Boris Johnson is expected to drop the 'stay at home' slogan during a televised address to Britain on Sunday at 7pm in an effort to reopen parts of the economy damaged during the coronavirus crisis. Full Article
is Ivan Lendl says tennis 'GOAT' debate will be decided by who wins most Grand Slam titles By www.dailymail.co.uk Published On :: Sat, 09 May 2020 18:41:05 GMT Roger Federer, who will be 39 in August, leads the race with 20 Grand Slam singles titles. Rafa Nadal is hot on his heels with 19 titles, while Novak Djokovic is closing in quickly with 17. Full Article
is Cardiologist shares photo on board a packed United flight out of NYC By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:24:07 GMT Ethan Weiss took to Twitter to share a selfie from his seat on the crowded 737 jet, which took off from New York on Saturday. Full Article
is Desperate hunt for two Utah friends, aged 17 and 18, who went missing in a storm three days ago By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:36:13 GMT Priscilla Bienkowski, 18, and Sophia Hernandez, 17, were out on Utah Lake near Salt Lake City when it is believed they were caught in an intense storm. The Utah Sheriff's Office are searching. Full Article
is Smt. Subbalakshmi Kurada, ... vs Assistant Commissioner Of Income ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ITA No.2493/Bang/2019 Page 2 of 6 2. We heard the parties and perused the record. During the year under consideration, the assessee sold a residential house property for a sum of Rs.12.75 crores on 06-11-2015. She purchased another residential house property on 17-02-2016 for Rs.11.02 crores. The new house property was purchased in the joint name of the assessee and her son Shri Kurada Sagar Chakravarthy. The assessee claimed deduction of Rs.8.47 crores u/s 54 of the Act towards the cost of new residential house property against the long term capital gain arising on sale of original house property. Since the new residential house property has been purchased in the name of assessee and her son, the AO restricted the deduction u/s 54 of the Act to 50%, i.e., he allowed deduction to the extent of Rs.4.23 crores only. The Ld CIT(A) also confirmed the same and hence the assessee has filed this appeal. Full Article
is Siti Network Ltd vs I Right Television Network on 7 January, 2020 By indiankanoon.org Published On :: Tue, 07 Jan 2020 00:00:00 +0530 HOM BLE MR. JUSTICE SHIVA KIRTIE SINGH, CHAIRPERSON For Petitioner : Ms. Bitwik Nanda, Advocate MrAbhishek Bose, Advocate Ms.ApoorvaVijh, Advocate For Respondent : None Judgement(Oral) This petition has been beard ex-parte against the respondent because even after service of notice through paper publication it chose not to appear and has not filed any reply to contest the claim of the petitioner, to The prayer of the petitioner is as follows: - *(i} Pass a decree in favour of the Petitioner thereby directing the Respondent, pay a sum of Rs. 2,81,100/- (Rupees Two Lakhs Eighty One Thousand and One Hundred Only} to the Petitioner towards the outstanding dues as on date; Gi) Pass a decree in favour of the Petitioner awarding interest @ 18% from 08,16.2015 dil realization of the outstanding amount: Full Article
is Multi Reach Media Pvt Ltd vs Zee Entertainment Enterprise Ltd on 24 January, 2020 By indiankanoon.org Published On :: Fri, 24 Jan 2020 00:00:00 +0530 2. The subscriber reports furnished by the petitioner since the introduction. of new regime from 01.02.2019 as per new Regulations and Tariff Order of 2017 were not in accordance with the legal requirement. In the notice, the respondent had alleged under-reporting of subscribers in respect of its channels and later also alleged that petitioner was redistributing Zee Bangla channel in unencrypted mode. As the earlier orders would disclose, technical audit held under the orders of this Tribunal was not a smooth affair. The audit report of KPMG is on record. The parties have filed their response to the audit report. Some of the initial difficulties in the audit and reasons for delay of several months will appear from orders passed on 23.07.2019 and also some of the subsequent orders. The initial shortcomings in the petitioner's system are clear not only from the facts available on record and in the order sheets but also from reports of technical audit of petitioner's system prepared 'at the instance of some other broadcasters. As an interim measure, provisional bills were directed to be raised by the respondent on the basis of subscriber reports of the petitioner but it has been made clear that this arrangement shall not prejudice the claim of the respondent for a higher amount, if justified. Full Article
is Shobha Phadanvis vs State Of Maharashtra Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 24. "Considering foregoing discussion, we are of the opinion that the Application will have to be partly allowed in order to protect Environment and ecology, as well as the Forests area. Consequently, we partly allow the Application and give following directions: 1. The interim orders given by Hon'ble High Court of Bombay, Nagpur Bench, on 30/4/2004 referred in para-9 above shall continue to operate, as the state government has not submitted the necessary data and reports on the present status of forest and an updated action plan to increase the forest cover in the state to the desired level and also, comprehensive statement of the compliance of various directions of Apex court and High Court, issued in this regard. The Tribunal is required to continue the interim orders on Pre-cautionary Principle basis in the absence of above information and Tribunal is willing to reconsider the position if the state government approaches the Tribunal with necessary data, reports and action plan. The said interim orders shall be part of this final order. " Full Article
is Shobha Phadanvis vs State Of Maharashtra Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 24. "Considering foregoing discussion, we are of the opinion that the Application will have to be partly allowed in order to protect Environment and ecology, as well as the Forests area. Consequently, we partly allow the Application and give following directions: 1. The interim orders given by Hon'ble High Court of Bombay, Nagpur Bench, on 30/4/2004 referred in para-9 above shall continue to operate, as the state government has not submitted the necessary data and reports on the present status of forest and an updated action plan to increase the forest cover in the state to the desired level and also, comprehensive statement of the compliance of various directions of Apex court and High Court, issued in this regard. The Tribunal is required to continue the interim orders on Pre-cautionary Principle basis in the absence of above information and Tribunal is willing to reconsider the position if the state government approaches the Tribunal with necessary data, reports and action plan. The said interim orders shall be part of this final order. " Full Article
is Shri Rajeev Krishnarao Thakre vs Moef Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 2. Briefly stated, case of the Appellant is that as per Judgment of Apex Court in "Deepak Kumar Vrs. State of Haryana, 2012(4) SCC 629" sand beds (sandghats) situated below 5 ha. area may be leased out only if distance between the two (2) ghats is of atleast 1 k.m. It is in keeping with such directions of the Apex Court that the MoEF has issued OM dated 24th December 2013. The State has no authority to consider the project activities of granting lease of area over and above 5 ha. of sandghats into the category of 'B-2' as per class 2(I)(iii) of the OM dated 24th December 2013. Such a project will have to be treated as category 'B-1' project for the purpose of appraisal and must be appraised by the MoEF. The SEIAA could not have done the work of assessment/appraisal nor the SEIAA could have granted the EC. According to the Petitioner the Respondents purposefully downsized the (J) Appeal No.10/2014 (WZ) 3 sand beds without keeping marginal space of 1 k.m. between the two (2) sand beds. It is stated that the auction conducted by both the Collectors is illegal and erroneous. Consequently the Appellant seeks to challenge the same and urges to quash the same. Full Article
is M/S. Sri Murugan Dyeing Rep. By Its ... vs The District Environmental ... on 15 October, 2014 By indiankanoon.org Published On :: Wed, 15 Oct 2014 00:00:00 +0530 1. Hon'ble Shri Justice M. Chockalingam, Judicial Member 2. Hon'ble Prof. Dr. R. Nagendran, Expert Member ------------------------------------------------------------------------------------------------ Date: 15th October, 2014 ------------------------------------------------------------------------------------------------ (Hon'ble Shri Justice M. Chockalingam, Judicial Member) These appeals have been filled by appellant herein challenging the order of the 2nd respondent, namely, the Appellant Authority, Tamil Nadu Pollution Control (Appellant Authority) made in Appeal Nos. 37 and 38 of 2013 dated 28.02.2014 whereby the appeals have been dismissed. Full Article
is M/S. Sri Murugan Dyeing Rep. By Its ... vs The District Environmental ... on 15 October, 2014 By indiankanoon.org Published On :: Wed, 15 Oct 2014 00:00:00 +0530 1. Hon'ble Shri Justice M. Chockalingam, Judicial Member 2. Hon'ble Prof. Dr. R. Nagendran, Expert Member ------------------------------------------------------------------------------------------------ Date: 15th October, 2014 ------------------------------------------------------------------------------------------------ (Hon'ble Shri Justice M. Chockalingam, Judicial Member) These appeals have been filled by appellant herein challenging the order of the 2nd respondent, namely, the Appellant Authority, Tamil Nadu Pollution Control (Appellant Authority) made in Appeal Nos. 37 and 38 of 2013 dated 28.02.2014 whereby the appeals have been dismissed. Full Article
is Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014 1. Whether the judgment is allowed to be published on the net? 2. Whether the judgment is allowed to be published in the NGT Reporter? JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water. Full Article
is Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014 1. Whether the judgment is allowed to be published on the net? 2. Whether the judgment is allowed to be published in the NGT Reporter? JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water. Full Article
is Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014 1. Whether the judgment is allowed to be published on the net? 2. Whether the judgment is allowed to be published in the NGT Reporter? JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water. Full Article
is Mr. Meet Shah & Other vs Union Of India, Ministry Of ... on 3 February, 2020 By indiankanoon.org Published On :: Mon, 03 Feb 2020 00:00:00 +0530 2. Brief facts and allegations in the present case are summarised as under: a. The Informants i.e., Mr. Meet Shah and Mr. Anand Ranpara are individuals residing in Ahmedabad and Rajkot, respectively. b. OP-1 is the Ministry of Railways, which controls Indian Railways, a departmental undertaking of the Government of India which is administered by the Railway Board. The Ministry of Railways through Railway Board also owns and administratively controls a large number of Public Sector Undertakings including IRCTC. c. OP-2, IRCTC is a public sector enterprise incorporated under the Companies Act, 1956 and is stated to be an extended arm of Indian Railways. OP-2 is, inter-alia, engaged in online ticketing operations of Indian Railways. Full Article
is Cp Cell, Directorate General ... vs M/S Avr Enterprises & Other on 21 February, 2020 By indiankanoon.org Published On :: Fri, 21 Feb 2020 00:00:00 +0530 Ref. Case No. 05 of 2019 1 2. The Informant in the present case had issued RFP for procurement of Cloth Cotton Pagdi for quantity of 7,42,426 Mtrs and Mattress MK-II (Improved Version), quantity 57,761 (in numbers). The Informant has stated that out of 04 firms which participated, only 03 firms could qualify for opening of commercial bids for Cloth Cotton Pagdi and out of 10 firms only 04 could qualify for opening of commercial bid for mattress. The tender for procurement of Cotton Pagdi was floated on 22.10.2018, and for Mattress was floated on 08.11.2018, respectively. 3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said two firms. As submitted by the Informant, details of the bid are reproduced in the table below: Full Article
is Cp Cell, Directorate General ... vs M/S Avr Enterprises & Other on 21 February, 2020 By indiankanoon.org Published On :: Fri, 21 Feb 2020 00:00:00 +0530 Ref. Case No. 05 of 2019 1 2. The Informant in the present case had issued RFP for procurement of Cloth Cotton Pagdi for quantity of 7,42,426 Mtrs and Mattress MK-II (Improved Version), quantity 57,761 (in numbers). The Informant has stated that out of 04 firms which participated, only 03 firms could qualify for opening of commercial bids for Cloth Cotton Pagdi and out of 10 firms only 04 could qualify for opening of commercial bid for mattress. The tender for procurement of Cotton Pagdi was floated on 22.10.2018, and for Mattress was floated on 08.11.2018, respectively. 3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said two firms. As submitted by the Informant, details of the bid are reproduced in the table below: Full Article
is In Re: Cartelisation In The Supply ... vs Bridgestone Corporation, Japan & ... on 26 February, 2020 By indiankanoon.org Published On :: Wed, 26 Feb 2020 00:00:00 +0530 1. The present case pertains to alleged cartelisation amongst certain parties in relation to Requests for Quotations ('RFQs') issued by certain Automobile Original Equipment Manufacturers ('OEMs') for supply of (i) Anti-Vibration Rubber Products ('AVR Products'); and (ii) Automotive Hoses (Water and Fuel) ('Hoses'). Suo Motu Case No. 01 of 2016 1 PUBLIC VERSION 2. The case commenced upon receipt of certain information under the provisions of Section 46 of the Competition Act, 2002 (the 'Act') read with the Competition Commission of India (Lesser Penalty) Regulations, 2009 (the 'LPR') which disclosed that two or more of the following companies had exchanged information and/ or reached agreements amongst themselves, as to who would supply AVR Products and Hoses in response to the RFQs issued by certain Automobile OEMs: Full Article
is Shri Suprabhat Roy, Proprietor, ... vs Shri Saiful Islam Biswas, ... on 12 March, 2020 By indiankanoon.org Published On :: Thu, 12 Mar 2020 00:00:00 +0530 Case Nos. 36 of 2015, 31 of 2016 and 58 of 2016 33 Koushik Das: Yes, one BCDA N.O.C. is required with the application. Shri Arajit Das: Yes, that is essential, you prepare your papers I need the orders, otherwise it is problem to me. I have submitted my drug licence number, trade licence number everything. Koushik Das: Yes, but only those papers are not enough, there are something more, you have deal with Alembic before and done with other parties also. Shri Arajit Das: that is not required. Full Article
is Hotel Vani vs Assistant Commissioner Of State ... on 30 April, 2020 By indiankanoon.org Published On :: Thu, 30 Apr 2020 00:00:00 +0530 2. Heard the learned counsel for the petitioner and the learned Senior Government Pleader. WP(C).8416/19 4 3. The singular contention urged by the learned counsel for the petitioner is that the first respondent had committed a fundamental error in adopting the revised assessed tax of the year 2007-08 as the basis for revising the assessment and refixing the compounded tax liability for the years 2008-09, 2009-10 and 2010-11. In support of this contention, attention is drawn to Section 7(b) of the KGST Act and reliance is placed on the decisions in Sicilia Hotel Pvt. Ltd (Supra), and Kalyan Tourist Home v. State of Kerala (2017 (2) KLT 761). 4. Opposing the contentions, the learned Government Pleader would submit that, the power for revising the assessment after payment of compounded tax under Section 7(b) cannot be limited to be based only on the tax payable as conceded in the return or accounts or the turnover tax paid for any of the previous consecutive three years. It is contended that there is no inhibition in Section 7 that revision of assessment cannot be on the basis of assessed tax. It is submitted that this position has been succinctly laid down by the Division Bench in Kalika Hotel and Bar, Amballur(M/s) v. State of Kerala (2012 (3) KHC 85) and The Commercial Tax Officer v. M/s Hotel Breezeland Ltd. (2019 (2) KLT 432). Full Article
is Kerala State ... vs Assistant Commissioner Of Income ... on 30 April, 2020 By indiankanoon.org Published On :: Thu, 30 Apr 2020 00:00:00 +0530 Income Tax Appeal Nos. 135/2019 & 146/2019 are filed challenging a common order passed by the Income Tax Appellate Tribunal, Cochin Bench in ITA Nos.536/Coch/2018 and 537/Coch/2018, dated 12-03-2019. Income Tax Appeal No.313/2019 is filed against the revised order passed by the same Tribunal ITA No.537/Coch/2018, dated 11-10-2019. The assessee was the appellant before the Tribunal, who is the appellant herein. The revenue is the respondent. 2. Appellant is a company registered under the Companies Act, engaged in wholesale and retail trade of beaverages within the State of Kerala, and is a 'State Government Undertaking' falling within the 'Explanation' provided under Section 40 (a) (iib) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act' for short). With respect to I.T. Appeal Nos. 135, 146 & 313/2019 -5- the assessment year 2014-2015, the Deputy Commissioner of Income Tax, Circle-2 (1), Thiruvananthapuram finalized the assessment of income tax against the appellant, under Section 143 (3) of the Act, through the order of assessment dated 14- 12-2016. But, the Principal Commissioner of Income Tax, Thiruvananthapuram initiated proceedings under Section 263 of the Act and set aside the order of assessment, on holding that the same is erroneous and is prejudicial to the interest of the revenue, to the extent it failed to disallow the debits made in the Profit and Loss Account of the assessee with respect to the amount of surcharge on sales tax and turn over tax paid to the State Government, which ought to have been disallowed under Section 40 (a) (iib) of the Act. Against order of the Principal Commissioner of Income Tax, issued under Section 263 of the Act, dated 25-09-2018, the appellant approached the Tribunal in ITA No.536/Coch/2018. Full Article
is Laura Prepon's second book 'You and I, as Mothers' is a 'raw and honest guide' to parenting during and after the pandemic By www.businessinsider.in Published On :: 9 May 2020, 21:39 As a new mother, actor Laura Prepon felt scared and unprepared, as parents often do with their first child. But now a mother of two (and a noted meal prep master), Prepon is sharing everything she's learned about pregnancy and parenting in her second book, "You and I, as Mothers: A Raw and Honest Guide to Motherhood."The half-memoir, half-handbook is an intimate look at Prepon's own experiences paired with advice from fellow moms and experts on topics like stress, survival, and reproductive health."I'll tell you my truth, and not in a whisper," Prepon admitted in the book's opening chapter. "I felt blindsided by motherhood. In the early days, I — someone who generally considers herself confident — felt insecure, clueless, and scared."Visit Insider's homepage for more stories.Like Fiona Apple's Full Article
is Papers Laid On The Table Of The House By Ministers/Members. on 5 December, 2019 By indiankanoon.org Published On :: Thu, 05 Dec 2019 00:00:00 +0530 माननीय अध्यक्ष: अब पत्र सभा पटल पर रखे जाएंगे । श्री अर्जुन राम मेघवाल । संसदीय कार्य मंत्रालय में राज्य मंत्री तथा भारी उद्योग और लोक उद्यम मंत्रालय में राज्य मंत्री (श्री अर्जुन राम मेघवाल): महोदय, श्री किरेन रिजीजू की ओर से मैं निम्नलिखित पत्र सभा पटल पर रखता हूं: 1. (एक) दादरा और नागर हवेली वक्फ बोर्ड, सिलवासा के वर्ष 2018-2019 के वार्षिक प्रतिवेदन की एक प्रति (हिन्दी तथा अंग्रेजी संस्करण) तथा लेखापरीक्षित लेखे । (दो) दादरा और नागर हवेली वक्फ बोर्ड, सिलवासा के वर्ष 2018-2019 के कार्यकरण की सरकार द्वारा समीक्षा की एक प्रति (हिन्दी तथा अंग्रेजी संस्करण) । [Placed in Library, See No. LT 1092/17/19] 2. (एक) वक्फ बोर्ड अंडमान और निकोबार द्वीपसमूह, पोर्ट ब्लेयर के वर्ष 2018-2019के वार्षिक प्रतिवेदन की एक प्रति (हिन्दी तथा अंग्रेजी संस्करण) तथा लेखापरीक्षित लेखे । Full Article
is Discussion On Crop Loss Due To Various Reasons And Its Impact On ... on 5 December, 2019 By indiankanoon.org Published On :: Thu, 05 Dec 2019 00:00:00 +0530 संसदीय कार्य मंत्रालय में राज्य मंत्री तथा भारी उद्योग और लोक उद्यम मंत्रालय में राज्य मंत्री (श्री अर्जुन राम मेघवाल): सभापति महोदया, हम एग्रीकल्चर के विषय पर नियम 193 की चर्चा दो-तीन दिनों से लगा रहे हैं । मैं आपसे अनुरोध करना चाहूंगा कि उसको पहले ले लिया जाए, क्योंकि वित्त मंत्री जी दूसरे हाउस में टैक्सेशन लॉ में बिजी है, इसलिए इसके बाद उस विषय को ले लिया जाए । माननीय सभापति: ठीक है, नियम 193 के अधीन चर्चा शुरू की जाए । श्री कोडिकुन्नील सुरेश जी । SHRI KODIKUNNIL SURESH (MAVELIKKARA): Hon. Chairperson, thank you for giving me this opportunity to raise a discussion under Rule 193 on the topic `Crop loss due to various reasons and its impact on farmers’. At the outset I would like to submit that the Government has no intent, desire, and genuine concern towards addressing the issues of farmers in the country. The notice I gave for this discussion read -- `Agrarian crisis and farmers’ distress’. The Government did not accept the language in which I submitted my notice for this discussion, instead have formulated the language for the discussion in another way. The Government chose to ignore the topic that would have exposed the failure of the BJP Government to the public. The Government formulated another language which read -- `Crop loss due to various reasons and its impact on farmers’. They have not chosen the straight path but instead have taken a circuitous route to deviate from the core issue. But this anti-farmer and anti-agriculturist attitude of the BJP Government thus stands exposed in this House as the Modi Government is afraid of facing the truth of deeply disturbing agrarian crisis engulfing the country by refusing to address the real concern. The Congress and other like-minded parties decided to raise this issue in this august House. Full Article
is Motion Regarding Eleventh Report Of Business Advisory Committee ... on 6 December, 2019 By indiankanoon.org Published On :: Fri, 06 Dec 2019 00:00:00 +0530 “ कि यह सभा 05 दिसंबर, 2019 को सभा में प्रस्तुत कार्य मंत्रणा समिति के ग्यारहवें प्रतिवेदन से सहमत है ।” माननीय अध्यक्ष : प्रश्न यह है : “ कि सभा 05 दिसंबर, 2019 को सभा में प्रस्तुत कार्य मंत्रणा समिति के ग्यारहवें प्रतिवेदन से सहमत है । ” प्रस्ताव स्वीकृत हुआ । Full Article
is Regarding The Issue Of Antrix Devas Spectrum Sale Case. on 6 December, 2019 By indiankanoon.org Published On :: Fri, 06 Dec 2019 00:00:00 +0530 डॉ. निशिकांत दुबे (गोड्डा): माननीय अध्यक्ष जी, मैं आपके माध्यम से … * भ्रष्टाचार की गंगोत्री है,के बड़े स्कैम की तरफ देश और पार्लियामेंट का ध्यान आकृष्ट करना चाहता हूं । महोदय, जब माननीय वाजपेयी जी की सरकार थी,वर्ष 2003 में सरकार ने तय किया था कि हम लोगों को एस बैंड के लिए कंपनी बनानी चाहिए और एन्ट्रिक्स को इसकी मार्केटिंग करनी चाहिए । वर्ष 2003 में एक आदमी के साथ उसकी बातचीत स्टार्ट हुई । हमारी सरकार चली गई । आपको जानकर आश्चर्य होगा कि हमारी सरकार के जाने के बाद 28 जनवरी, 2005 को एन्ट्रिक्स और देवास नाम की कंपनी के साथ एक एग्रीमेंट साइन हुआ । …(व्यवधान) देवास कंपनी 17 दिसम्बर, 2004 को बनी । …(व्यवधान) उसके साथ 60,000 करोड़ का एग्रीमेंट भारत सरकार ने साइन किया । …(व्यवधान) महोदय, दूसरा सवाल है कि जिन कंपनियों से पैसा आया, मॉरिशस की कंपनी …(व्यवधान) कंपनी 2006 में बनी, 2009 में बनी, 2010 में बनी ।…(व्यवधान) और … * जी ने एफआईपीबी का क्लियरेंस दिया । …(व्यवधान) माननीय अध्यक्ष: श्री संतोष पाण्डेय जी । Full Article
is Papers Laid On The Table By The Ministers/Members. on 6 December, 2019 By indiankanoon.org Published On :: Fri, 06 Dec 2019 00:00:00 +0530 माननीय अध्यक्ष: अब पत्र सभा पटल पर रखे जाएंगे । श्रीमती स्मृति जूबिन ईरानी । THE MINISTER OF WOMEN AND CHILD DEVELOPMENT AND MINISTER OF TEXTILES (SHRIMATI SMRITI ZUBIN IRANI): Sir, I beg to lay on the Table of the House: 1. (i) A copy of the Annual Report (Hindi and English versions) of the Indian Silk Export Promotion Council, New Delhi, for the year 2018-2019, alongwith Audited Accounts. (ii) A copy of the Review (Hindi and English versions) by the Government of the working of the Indian Silk Export Promotion Council, New Delhi, for the year 2018-2019. [Placed in Library, See No. LT 1124/17/19] 2. (i) A copy of the Annual Report (Hindi and English versions) of the Wool Research Association, Thane, for the year 2018-2019, alongwith Audited Accounts. Full Article
is Alleged Threatening To A Women Minister In The House. on 6 December, 2019 By indiankanoon.org Published On :: Fri, 06 Dec 2019 00:00:00 +0530 संसदीय कार्य मंत्री; कोयला मंत्री तथा खान मंत्री (श्री प्रहलाद जोशी): सभापति महोदया,जब स्मृति ईरानी जी बोल रही थीं,उस समय श्री टी.एन. प्रथापन और एडवोकेट डीन कुरियाकोस ने दुर्व्यवहार किया है, जो निंदात्मक है । This is most condemnable. महिला संसद सदस्य के सामने थ्रेटनिंग पोजीशन में आना,यह बिलकुल गलत है । She was talking as a lady Member of this House, and at that time, everybody had expressed their opinions. मेरा एक्सप्रेशन करने का स्टाइल अलग है और अधीर रंजन जी का अलग है । But if you become aggressive, ऐसा करना बिल्कुल ठीक नहीं है । It is most uncalled for. मैं अधीर रंजन जी से आग्रह करता हूं कि उन दोनों माननीय सदस्यों को बुलाइए और माफी मंगवाइए । They should ask for the apology unconditionally. …(Interruptions) Full Article
is The Speaker Made Reference To The 18Th Anniversary Of The Terrorist ... on 13 December, 2019 By indiankanoon.org Published On :: Fri, 13 Dec 2019 00:00:00 +0530 माननीय अध्यक्ष: माननीय सदस्यगण, जैसा कि आप सभी को विदित है, अठारह वर्ष पूर्व 13 दिसम्बर, 2001 को एक दुस्साहसिक हमले में हमारी लोकतांत्रिक राजव्यवस्था की प्रतीक भारतीय संसद आतंकी हमले का निशाना बनी । यह हमला संसद परिसर की सुरक्षा में लगे हुए सतर्क सुरक्षा बलों द्वारा निष्फल कर दिया गया था। दिल्ली पुलिस के पांच सुरक्षाकर्मी, केन्द्रीय रिजर्व पुलिस बल की एक महिला कांस्टेबल, संसद सुरक्षा सेवा के दो सुरक्षा सहायक तथा एक अन्य कर्मचारी भी इस आतंकी हमले में शहीद हुए । यह सभा हमारे बहादुर सुरक्षा कर्मियों द्वारा दिए गए सर्वोच्च बलिदान के प्रति अपनी श्रद्धांजलि अर्पित करती है तथा उनके परिवारों के साथ मजबूती से खड़ी है । इस अवसर पर, हम आतंकवाद से लड़ने तथा अपने देश की एकता, अखंडता और सम्प्रभुता की रक्षा करने संबंधी अपने संकल्प को एक बार पुन: दोहराते हैं । Full Article
is Issue Regarding Statement Made By A Member Of Parliament Allegedly To ... on 13 December, 2019 By indiankanoon.org Published On :: Fri, 13 Dec 2019 00:00:00 +0530 संसदीय कार्य मंत्रालय में राज्य मंत्री तथा भारी उद्योग और लोक उद्यम मंत्रालय में राज्य मंत्री (श्री अर्जुन राम मेघवाल): माननीय अध्यक्ष जी, हमारी तरफ से बहुत से लोगों के एजर्नमेंट मोशन हैं। …(व्यवधान) जैसे साध्वी जी ने बाहर बोला था और हाउस में माफी मांगी थी, ऐसे ही राहुल गांधी जी ने बाहर बोला कि ‘मेक इन इंडिया’ की जगह ‘रेप इन इंडिया’ हो गया है। यह बहुत कन्डेम्नेबल एक्टिविटी है। …(व्यवधान) उन्हें हाउस में आकर माफी मांगनी चाहिए।…(व्यवधान) वह हाउस में आकर माफी मांगें।…(व्यवधान) हाउस में ऐसा पहले कर रखा है, साध्वी निर्मला ज्योति जी ने।…(व्यवधान) वह हाउस में नहीं बोली थीं, पब्लिक में बोली थीं, मीटिंग में, …(व्यवधान) ऐसे ही राहुल गांधी जी पब्लिक में बोले हैं।…(व्यवधान) उनको माफी मांगनी चाहिए।…(व्यवधान) उन्होंने कैसे कह दिया कि यह ‘मेक इन इंडिया’ नहीं ‘रेप इन इंडिया’ है। …(व्यवधान) यह बहुत ही निंदनीय है। …(व्यवधान) घोर आपत्तिजनक है।…(व्यवधान) सदस्य को यहां बुलाया जाए और हाउस में माफी मांगी जाए।…(व्यवधान) Full Article
is Saleem S/O Ishak vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. Due to outbreak of Coronavirus (COVID-19), the lawyers are not appearing in the Court. 2. Heard Mr. Prakash Chand Thakuriya, learned counsel for the petitioner, through whatsapp video calling as well as learned Public Prosecutor, who is present in the Court. 3. Despite video whatsapp calling, Mr. Ishwar Lal Jain, learned counsel for the complainant has failed to respond. 4. The present second bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.61/2018 Registered at Police Station Tapukda, District Alwar (Rajasthan) for the offences under Sections 376-D & 506 of IPC. 5. Counsel for the petitioners submits that the petitioners have been falsely implicated in this matter and the petitioners are the real brothers of the husband of the prosecutrix. Counsel further submits that one month prior to lodging of the present FIR, the (Downloaded on 08/05/2020 at 08:47:06 PM) (2 of 2) [CRLMB-2033/2020] prosecutrix also lodged the FIR No.0031/2018 on 15.01.2018 at Police Station Tapukara, District Alwar, in which, the petitioners were also made accused under Sections 143, 341 & 323 of IPC, in which, charge-sheet has been filed only against the husband of the prosecutrix and not against the accused-petitioners. Counsel further submits that when the Investigating Agency submitted the negative final report against the accused-petitioners in the earlier FIR lodged by the prosecutrix, the present FIR has been lodged against the accused-petitioners. Counsel further submits that according to the FSL report dated 03.12.2019, semen could not be detected on the clothes and vaginal swab of the victim. Counsel further submits that the petitioners are in custody since February, 2018. Full Article
is Jagdish Patidar S/O Sh. Bherulal ... vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C., seeking regular bail in connection with F.I.R. No. 88/2019 registered at Police Station G.R.P. Sawai Madhopur for offence under Sections 8/18 and 8/29 of NDPS Act, 1985. 2. Heard learned counsel for the accused petitioner through video conferencing and perused the record. 3. It has been contended by learned counsel for the accused- petitioner that no recovery has been made from the possession of the present accused-petitioner. The alleged recovery has been made from other co-accused persons. There is no cogent evidence against the petitioner except the information of co-accused. Charge-sheet has been filed on 17.01.2020. Trial of the case will (Downloaded on 08/05/2020 at 08:46:48 PM) (2 of 2) [CRLMB-15939/2019] consume time. The petitioner is behind Bars since 31.10.2019. Full Article
is Insaf S/O Ishaq Mohammed B/C ... vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 The present criminal appeal under Section 14(A) (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.98/2019 registered at Police Station Anta, District Baran. Learned counsel for the appellants submitted that the appellants are in custody since 02.05.2019. Learned counsel submitted that police after investigation has filed challan. Counsel further submitted that the allegation against the appellants is in respect of using fire arm but (Downloaded on 08/05/2020 at 08:46:25 PM) (2 of 2) [CRLAS-2822/2019] the medical report which has been prepared shows that the injury suffered by the injured was simple in nature and caused by the blunt weapon. Full Article
is Dharmraj S/O Balkishan vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 This Court further finds that on 17th April, 2020, this Court had also made efforts to contact to the lawyer but he did not respond. Accordingly, this Court is left with no other option except to adjourn this case. This Court also finds that if learned counsel has moved an application for listing of the bail application, he is expected to be available on either mode of communication with him. Full Article
is Mahendra Investment Advisors ... vs Simplex Infrastructures Limited on 24 March, 2020 By indiankanoon.org Published On :: Tue, 24 Mar 2020 00:00:00 +0530 ... for the respondent. The applicant is the respondent in an appeal against a money decree. The applicant apprehends that during the pendency of the appeal, the appellant may dispose of its assets or alienate the same. Since the operation of the decree has not been stayed, it is open to the respondent to levy execution and seek the necessary protection. The injunction sought would not fall within the scope of this appeal. (SANJIB BANERJEE, J.) (I. P. MUKERJI, J.) SG Full Article
is Commissioner Of Customs (Port) ... vs M/S. Steel Authority Of India Ltd. on 27 April, 2020 By indiankanoon.org Published On :: Mon, 27 Apr 2020 00:00:00 +0530 The dispute in this appeal relates to valuation under the Customs Act, 1962 of import of certain items made by the respondent Steel Authority of India Ltd. (SAIL) under two contracts, bearing nos. PUR/PC/MOD/08.01/Pt.II dated 31.10.1989 and PUR/PC/MOD/08.01/Pt-I dated 29th March 1990. These imports were made in connection with modernisation, expansion and modification 1 for their plant at Durgapur in West Bengal. For this purpose, SAIL had floated seven Global Tender Contract Packages. The two contracts were part of these Tender Contract Packages. They were registered with the customs authorities for the purpose of project import benefits in terms of the 1962 Act. The first contract involved in this appeal was with a consortium consisting of a German Company, Hoestemberghe & Kluisch, GMBH and H & K Rolling Mills Engineering Private Limited, an Indian Corporate entity. The second contract was also with a German Company, Siempelkamp Pressen Systeme and the Indian entity was Escon Consultants Private Ltd, with whom the consortium was formed. Both these contracts were in connection with modernisation of SAIL’s rolling mills at the aforesaid plant. Full Article
is Christian Medical College ... vs Union Of India on 29 April, 2020 By indiankanoon.org Published On :: Wed, 29 Apr 2020 00:00:00 +0530 1. Most of the cases have a chequered history. Initially, petitioners have questioned four notifications two notifications dated 21.12.2010 issued by Medical Council of India (for short, ‘the MCI’) and other two notifications dated 31.5.2012, issued by Dental Council of India (for short, ‘the DCI’). The MCI by virtue of Regulations on Graduate Medical Education (Amendment) 2010, (Part II) notified by the Government of India, amended the Regulations on Graduate Medical Education, 1997. Similarly, the other notification issued by MCI called “PostGraduate Medical Education (Amendment) Regulation, 2010 (PartII)” to amend the Post Graduate Medical Education Regulations, 2000. The regulations came into force on their publication in the Official Gazette. The other two notifications dated 31.5.2012 issued by DCI were relating to admission in the BDS and MDS courses. Full Article
is Vodafone Idea Ltd(Earlier Known ... vs Assistant Commissioner Of Income ... on 29 April, 2020 By indiankanoon.org Published On :: Wed, 29 Apr 2020 00:00:00 +0530 1. Leave granted. 2. This appeal arises out of the final judgment and order dated 14.12.2018 passed by the High Court1 in Writ Petition (Civil) No.2730 of 2018 preferred by the appellant herein. 3. The facts leading to the filing of this appeal, in brief, are as under:- 1 High Court of Delhi at New Delhi CIVIL APPEAL NO. 2377 OF 2020 (@ SLP (C) NO.1169 OF 2019) VODAFONE IDEA LTD (EARLIER KNOWN AS VODAFONE MOBILE SERVICES LIMITED) VS. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 26 (2) & ANR.) 2 A] The appellant-Vodafone Idea Ltd. (earlier known as Vodafone Mobile Services Ltd or VMSL for short) is engaged in providing telecommunication services in different circles. Full Article
is Commr.Of Central Excise vs M/S Uni Products India Ltd. ... on 1 May, 2020 By indiankanoon.org Published On :: Fri, 01 May 2020 00:00:00 +0530 These two appeals against the decision of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) rendered on 16th July, 2008 require adjudication on the question as to whether 1 “car matting” would come within Chapter 57 of the First Schedule to the Central Excise Tariff Act, 1985 under the heading “Carpets and Other Textile Floor Coverings” or they would be classified under Chapter 87 thereof, which relates to “Vehicles other than Railway or Tramway Rolling-Stock and Parts and Accessories Thereof”. The appeals are against a common decision and we shall also deal with both these appeals together in this judgment. The respondent-assessee want their goods to be placed under Chapter heading 5703.90. We shall refer to the specific entries against this item later in the judgment. The respondent, at the material point of time were engaged in the business of manufacture of textile floor coverings and car matting. The subject-goods have been referred to interchangeably by the revenue also as car mattings and car carpets. The respondent, at the material time, were clearing the goods declaring them to be goods against Heading No.570390.90. Effective rate of excise duty on goods under that entry was 8% and education cess at the applicable rate for the subject period. We find this rate of duty, 2 inter-alia, from the order of the Commissioner dealing with the first and the second show-cause notices. The rate of basic excise duty would have been 16% apart from education cess if these goods were classified against goods specified in heading no.8708.99.00. Altogether three show-cause-notices were issued against the respondent over clearance of goods under the said heading. These notices required them to answer as to why they should not be charged the differential rate of duty and interest. We would like to point out here that in the show-cause notices, the respective chapter sub-headings have been referred to as 8708.99.00 and 570390.90 and in the order of the Tribunal also, the sub-headings have been referred to as such. But the authorities themselves in certain places described the sub-headings in shorter numerical forms, as 5703.90 and 8708.00. We find these minor variations in the paper-book. But this variation of the sub- headings represented in numerical form is not of any significance so far as adjudication of these appeals are concerned. The respondent were also to answer as to why penalty should not be 3 imposed upon them in terms of Section 38A of the Central Excise Act, 1944 read with Rule 25 of the Rules made thereunder. The first show-cause notice is dated 9th August, 2005 in regard to clearance of goods made during the period between 9 th July, 2004 and 31st March, 2005. They had cleared altogether 8,65,777 pieces of those items in different sizes in that period. The second show-cause notice was issued on 2 nd May, 2006 and related to clearance of 12,02,482 pieces of the same goods for the period between 1st April, 2005 and 31st January, 2006. The third show- cause notice is of 7th March, 2007 and the clearance involved 20,15,412 pieces from 1st February, 2006 to 31st January, 2007. For the period involved in the third show-cause notice, clearance was made by the respondent under Chapter sub-heading no.570500.19, which carried effective rate of duty @8%. Full Article
is Pandurang Ganpati Chaugule vs Vishwasrao Patil Murgud Sahakari ... on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 1. The matters have been referred in view of conflicting decisions in Greater Bombay Coop. Bank Ltd. v. United Yarn Tex (P) Ltd. and Ors. 1, Delhi Cloth & General Mills Co. Ltd. v. Union of India and Ors. 2, T. Velayudhan Achari and Anr. v. Union of India and Ors. 3, and Union of India and Anr. v. Delhi High Court Bar Association and Ors. 4. The question relates to the scope of the legislative field covered by Entry 45 of List I viz. ‘Banking’ and Entry 32 of List II of the Seventh Schedule of the Constitution of India, consequentially power of the Parliament to legislate. The moot question is the applicability of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) to the cooperative banks. Full Article