Poddar Projects Ltd. Vs. the Assistant Collector, Central Excise Iii Division and

Poddar Projects Ltd. vs The Assistant Collector, Central Excise Iii Division And; the Superintendent of Central Excise

Disposition Petition dismissed Court Andhra Pradesh Decided Jan 23, 1981

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Citation: sooperkanoon.com/428957
Court: Andhra Pradesh High Court
Judge: Raghuvir, J.
Decided On: Jan 23, 1981
Case Number: Writ Petition No. 2115 of 1980
Subject: Excise
Disposition: Petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

CE and SALT ACT, 1944, Section 3 - T/I 26, CE RULES 192 TO 196; NOTFN. NO. 16/79-CE dt. 20.1.79 CONSTITUTION OF INDIA, Article 226 -

Key legal issue: Excise
Outcome / disposition: Petition dismissed

Parties & Advocates

Appellant / Petitioner

Poddar Projects Ltd.

Respondent

The Assistant Collector, Central Excise Iii Division And; the Superintendent of Central Excise

Legal References

Reported In: 1983LC2049(AP)

Excerpt

ce and salt act, 1944, section 3 - t/i 26, ce rules 192 to 196; notfn. no. 16/79-ce dt. 20.1.79 constitution of india, article 226 - orderraghuvir, j.1. petition under article 226 of the constitution of india praying that in the circumstances stated in the affidavit filed herein, the high court will be pleased to issue a writ of mandamus or any other appropriate writ, direction, order or orders and direct the respondents to act according to law laid down in central excise notification no. 16/79 dated 20.1.79 and restrain from collecting excise duty on skull scrap, runners and raisers arising out of the manufacture of steel ingots through the aid of electric furnace in the petitioner industry.2. this petition coming on wednesday, the 21st day of january 1981, and thursday, the 22nd day of january 1981, and this day on for hearing upon perusing the petition and the affidavit therein, and the writ and rule nisi directed by the order of the high court, dated 13.5.80 and made herein and the records submitted in pursuance thereof, and the counter affidavit filed herein and upon hearing the arguments of mr. v. jagannadha rao. advocate for the petitioner and of mr. k. subrahmanya reddy, standing counsel for the central government on behalf of the respondents, the court made the following:

Full Judgment

ORDER

Raghuvir, J.

1. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ, direction, order or orders and direct the respondents to act according to law laid down in Central Excise Notification No. 16/79 dated 20.1.79 and restrain from collecting excise duty on skull scrap, runners and raisers arising out of the manufacture of Steel ingots through the aid of electric furnace in the petitioner industry.

2. This petition coming on Wednesday, the 21st day of January 1981, and Thursday, the 22nd day of January 1981, and this day on for hearing upon perusing the petition and the affidavit therein, and the writ and Rule Nisi directed by the order of the High Court, dated 13.5.80 and made herein and the records submitted in pursuance thereof, and the counter affidavit filed herein and upon hearing the arguments of Mr. V. Jagannadha Rao. Advocate for the Petitioner and of Mr. K. Subrahmanya Reddy, Standing Counsel for the Central Government on behalf of the respondents, the Court made the following:

Same Court & Year Andhra Pradesh · 1981 Same Parties Poddar Projects Ltd. vs The Assistant Collector, Central Exci... Same Subject Excise Same Judge Raghuvir, J.

Excise