Circular No. 52/2011-Customs, Dated-11th November, 2011.- References have been received on divergent practices being followed by field formations regarding classification of TV tuners. It was reported that external TV tuners are being classified in heading 8528 or 8529, and internal PCI TV tuners / cards are being classified in subheading 8528 or 8529 or subheading 8473.
Employees Provident Fund Commissioner Vs. O.L. of Esskay Pharmaceuticals Limited (Supreme Court of India)- In terms of Section 530(1), all revenues, taxes, cesses and rates due from the company to the Central or State Government or to a local authority, all wages or salary or any employee, in respect of the services rendered to the company and due for a period not exceeding 4 months all accrued holiday remuneration etc. and all sums due to any employee from provident fund, a pension fund, a gratuity fund or any other fund for the welfare of the employees maintained by the company are payable in priority to all other debts.
Mrs. Anita Malhotra Vs. Apparel Export Promotion Council & ANR. (Supreme Court) -In case of a Director, complaint should specifically spell out how and in what manner the Director was in charge of or was responsible to the accused Company for conduct of its business and mere bald statement that he or she was in charge of and was responsible to the company for conduct of its business is not sufficient. [Vide National Small Industries Corporation Limited vs. Harmeet Singh Paintal and Another, (2010) 3 SCC 330].
Durga Charan Rautray Versus State of Orissa & Anr. (Supreme Court) – The appellant, while accepting payment on the preparation of the final bill, did not undertake that he would not raise any further claims. As such, we are satisfied that the judgment rendered in Bharat Coking Coal Ltd., case (supra) leads to the irresistible conclusion, that despite receipt of payment on the preparation of the final bill, it was still open to the appellant to raise his unsatisfied claims before an arbitrator, under the contract agreement. Thirdly, it was no longer open to the respondents to contest the claim of the appellant on the instant issue after the appellant had obtained the court order dated 15.5.1981 which referred the disputes raised by the appellant to an arbitral tribunal.
Differing with the downgrade accorded by Moody’s, leading ratings agency Standard & Poor’s (S&P) has upgraded the Indian banking sector saying its domestic regulations are in line with international standards.
Swami Vivekanand College of Education & Ors. Vs. Union of India & Ors. (Supreme Court) – When Regulations 2007 were enacted, the Regulations 8(3) and 8(4) of Regulations 2005 were retained. In the aforesaid circumstances by Regulation 8(5) it was clarified that if any institution has been granted additional intake in B.Ed. and B.P.Ed. teachers training courses after enactment of Regulations 2005 i.e. 13th January, 2006, such institution is required to be accredited itself with NAAC with a Letter Grade B. It is needless to say that Regulations 8(3) and 8(4) of Regulations 2005 dated 27th December, 2005 having retained, it was always open to NCTE to remind the institutions that they were required to follow Regulations 8(3) and 8(4), if were allowed additional intake after 13th January, 2006. For the reason aforesaid the Regulation 8(5) cannot be held to be retrospective. The second question is, thereby, answered in negative against the appellants.
BERN, Switzerland Switzerland’s financial regulator FINMA has opened probes against four Swiss banks over their handling of hundreds of millions of dollars in assets linked to the deposed leaders of Tunisia, Egypt and Libya. The Swiss Financial Market Supervisory Authority says it examined 20 banks and found that four institutions had made mistakes warranting “enforcement […]
Sanjeev Kumar Jain Versus Raghubir Saran Charitable Trust & Ors. (Supreme Court of India)- In view of the above, the order dated 20.1.2010 of the High Court, to the extent it levies costs of Rs. 45,28,000/- on the appellant is set aside and in its place it is directed that the appellant shall pay the costs of the appeal before the High Court as per Rules plus Rs. 3000/- as exemplary costs to the respondents.
The challenges that lie before indirect tax administration and the work that is required to be done in this department are so enormous that it requires the united efforts of all members of the department of all ranks and at all places. There is no magic wand to achieve this. Each one of us has something unique, distinct in our personality that would add grandeur to the functioning of the department. We need to struggle unitedly and in a harmonious manner each one doing our bit. Let each of us think what I can do for the department rather than always looking at what is there in it for me.
The material facts giving rise to the appeal are as follows: The appellants, one late Harshad S. Mehta, their other family members and the corporate entities belonging to the family members had purchased more than 90 lakh shares in Apollo. Except for the holding of two family members, the entire holding came to be attached by a notification on 6th June, 1992. Under the said notification, 29 entities both individual and corporate were notified under Section 3(2) of the Special Court Act.
