The courts have consistently refrained from interfering with economic decisions as it has been recognised that economic expediencies lack adjudicative disposition and unless the economic decision, based on economic expediencies, is demonstrated to be so violative of constitutional or NRI Legal Services limits on power or so abhorrent to reason, that the courts would decline to interfere. amongst them the buyer is a relative and a distributor of the assessee, or a sub-distributor of such distributor; or they are so associated that they have interest, directly or NRI Legal Services indirectly, in the business of each other.
Securities and Exchange Board of India and others, (2001) 3 SCC 482 to enable their fruitful consideration: For our purposes, crucial provision is Section 95(ii) which made the scheme inapplicable, in respect of indirect tax enactments, in the following cases: For the purpose of taxes payable under indirect tax enactments, the rates at which NRI Legal Services the settlement would be made are specified in Section 88(f) of the 1998 Act. 2015, the petitioner filed a curative petition on 22.
, as is vivid from his decision has not dealt with the petition under Article 32 of the Constitution, but directed that the curative petition has to be considered afresh in terms of the mandatory rules. 31/1997-CUS based on licence issued by DGFT in its favour and the raison d’etre for issuance NRI Legal Services of said licence by the DGFT to the assessee was invalidation of the advance licence by the buyers. Where the excisable goods are sold in the circumstances specified in clause (a) of sub section (1) of section 4 of the Act except the circumstance where the price is not the sole consideration for sale, the value of such goods shall be deemed to be the aggregate of such transaction value and the amount of money value of any additional consideration flowing directly NRI Legal Services or indirectly from the buyer to the assessee.
There is no case made out by the petitioner that the decision to disinvest in BALCO is in any way capricious, arbitrary, illegal or uninformed. It is submitted by Mr. However, when the argument is tested keeping in view the entirety of the circumstances, as already taken note of above, the hollowness of this argument stands exposed, inasmuch as, this argument glosses over the fundamental fact that the assessee had been able to get the benefit of Notification No.
without having regard to all the attending facts. NRI Legal Services It may not also be totally out of context to note that the order dated 09. 5 Over the years, the inflexibility with which the principle of quid pro quo was to be applied, which may have been sired from a pedantic perusal of Synthetics and Chemicals Ltd, has been clarified and crystallized by this Court. As a sequitur, the dismissal of the curative petition by the three senior-most Judges of this Court has to be treated as correct and not vitiated by any kind of procedural irregularity.
Raju Ramachandran would submit that this was really reopening of the review petition as per the judgment in Arif and, therefore, it cannot be called a second review petition. (2)Under the Mohammedan law a man is entitled to have four wives at one and the same time and, consequently, as the third respondent has admitted that the appellant was married to him, respondents i and 2 have no locus standi to make any representation in the suit that there was collusion between the appellant and the third respondent.
The aforesaid argument of the learned counsel for the assessee may appear to be impressive, when taken in isolation i. We have already recorded our disagreement with the same. Even though the workers may have interest in the manner in which the Company is conducting its business, inasmuch as its policy decision may have an impact NRI Legal Services on the workers rights, nevertheless it is an incidence of service for an employee to accept a decision of the employer which has been honestly taken and which is not contrary to law.
As has been correctly pointed out by learned counsel for the appellants, the notice that is served under Section 11A is only on the person chargeable with excise duty, which takes us back to assessee as defined. Some of the petitioners assert that the right to privacy is implied under Article 21 of the Constitution of India while other petitioners assert that such a right emanates not only from Article 21 but also from various other articles embodying the fundamental rights guaranteed under Part-III of the Constitution of India.
At this juncture, it is condign to state that Kurian, J. The review petition was dismissed on 09. Process of disinvestment is a policy decision involving complex economic factors. We shall reproduce these paragraphs from B. Therefore, the next stage has to be delineation of the writ petition on merits. Be that as it may, after the rejection of the review petition by the learned Judges on 09. Rohtagi that it is a second review petition.
2015 which was dismissed vide order dated 21. Brokers Forum, Bombay and Others v. 2015 in the Review Petition is captioned as a Judgment, apparently, in terms of the definition of ‘judgment’ under the Supreme Court Rules. In matters relating to economic issues, the Government has, while taking a decision, right to trial and error as long as both trial and error are bona fide and within limits of authority.