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Government Of National Capital ... vs Cox India Ltd on 14 September, 2010 cites

Union Of India And Ors. vs Kaumudini Narayan Dalal And Anr. on 6 December, 2000

In this connection, reliance placed by the Respondent on the decisions in Union of India v. Kaumudini Narain, Berger Paints v. Commissioner of Income-tax (2004) 12 SCC 42, Commissioner of Income-tax v. Narendra Doshi (2004) 2 SCC 801 and Commissioner of Central Excise v. Alsthom T & D is misplaced. The first two decisions deal with the issue of appeals filed in respect of the assessment made under the Income Tax Act, 1961. In the considered view of this Court, the principles that should weigh with the Court while deciding the appeals under the Income Tax Act, 1961 and the Central Excise Act, 1944 would not be relevant and applicable for adjudging the legality of the orders passed under the local laws fixing the prices of different commodities. It is settled law that as regards „price fixation‟, the scope of interference by the Court is extremely limited.
Supreme Court of India Cites 1 - Cited by 171 - Full Document

Berger Paints India Ltd vs Commissioner Of Income Tax, Calcutta on 17 February, 2004

In this connection, reliance placed by the Respondent on the decisions in Union of India v. Kaumudini Narain, Berger Paints v. Commissioner of Income-tax (2004) 12 SCC 42, Commissioner of Income-tax v. Narendra Doshi (2004) 2 SCC 801 and Commissioner of Central Excise v. Alsthom T & D is misplaced. The first two decisions deal with the issue of appeals filed in respect of the assessment made under the Income Tax Act, 1961. In the considered view of this Court, the principles that should weigh with the Court while deciding the appeals under the Income Tax Act, 1961 and the Central Excise Act, 1944 would not be relevant and applicable for adjudging the legality of the orders passed under the local laws fixing the prices of different commodities. It is settled law that as regards „price fixation‟, the scope of interference by the Court is extremely limited.
Supreme Court of India Cites 14 - Cited by 173 - Full Document

Union Of India & Anr vs Cynamide India Ltd. & Anr on 10 April, 1987

(Union of India v. Cynamide India AIR 1987 SC 1802) Also, the price fixation for each licensing year is a separate exercise. The acceptance of the price fixed for a later year cannot preclude a challenge to a price fixed for an earlier year. The Petitioner is right in contending that the Respondents have got a higher benefit by selling RCW at a price higher than the one which ought to have been fixed had the complete information been furnished by the W.P. (Civil) Nos. 4156, 4682, 4686-87, 4689, 5974/2002 Page 23 of 30 Respondent. There is an element of unjust enrichment of the Respondent by selling RCW in Delhi at a price higher than the one at which it was being sold elsewhere during the same period.
Supreme Court of India Cites 32 - Cited by 286 - O C Reddy - Full Document
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