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M/S.Dishnet Wireless Limited vs Assistant Commissioner Of Income Tax ... on 17 June, 2022

15. The learned Senior Counsel also submits that the decision of this Court in M/S.Ruchi Soya Industries Ltd. Vs. Union Of India another in W.P.No.31090 of 2015 dated 26.04.2021 has been distinguished by the Division Bench of the Karnataka High Court in Union of India Vs. Ruchi Soya Industries Limited vide order dated 27.05.2021 in W.A.No.2575 of 2018 and therefore submits that there is no necessity to remit the case back to the NCLT, Mumbai for examining whether the claim of the respondent, Income Tax Department was factored before approving the plan.
Madras High Court Cites 18 - Cited by 1 - C Saravanan - Full Document

M/S.Ruchi Worldwide Ltd vs The Union Of India on 14 March, 2024

5. In the present case, as the said notification was offered for sale only on August 6, 2001, that ought to be the relevant date. To substantiate his submission, the learned counsel relies on the judgment of the Apex Court in the case of Union of India vs. Param Industries Ltd [2015 (321) ELT 192 (SC)] and the judgment of Karnataka High Court in the case of Union of India vs. Ruchi Soya Industries Ltd. [2021(377) ELT 659 (Kar.)]. The learned counsel further submits that the bill in the present case was prepared and issued on August 2, 2021 and the vessel arrived on August 5, 2021. The impugned notification issued under Section 14 of the Act, fixing the tariff was offered for sale on August 6, 2021. As such, the petitioners would not be governed by the impugned notification.
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