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B.K. Paper Mills Pvt. Ltd. Vs. Union of India (Uoi) and ors.
Mumbai
Sep-17-1984
Excise
Central Excise Act, 1944 - Sections 3, 4, 4(1), 4(3), 4(4), 11A and 11B; Government of India Act, 1935; Central Excise (Amendment) Act, 1973 - Sections 2; Sale of Goods Act - Sections 2(10); Finance Act, 1982 - Sections 47, 47(1) and 47(2); Constitution of India - Article 19(1); Central Excise Rules, 1944 - Rules 8(1), 10 and 173C
1984(3)ECC292; 1984(18)ELT701(Bom)
liable to excise duty under Tariff Item 17 of the First Schedule to the Central Excises and Salt Act, 1944 at the rate specified therein.2. Under Notification No. 45/73 dated 1st of March 1973 an exemption from excise … notification is as follows :'In exercise of the powers conferred by Sub-rule (1) of Rule 8 of the Central Excise Rules, 1944...the Central Government hereby exempts paper other than...manufactured and cleared from a paper mill of the type … value will have to be determined with reference to the provisions of Section 4 by taking into account the price declared and received by the … of paper and duty leviable.paper boards exceeds 5000 tonnes but doesnot exceed 10,000 tonnes.x x x x'_________________________________________________________________________________The petitioner company being a paper mill whose installed
Tag this Judgment! AI Brief & AskCollector of Central Excise Vs. Binny Ltd.
Karnataka
Apr-05-1990
Excise
Cotton Cess Act, 1923 - Sections 14; ;Produce Cess Act, 1966 - Sections 2 and 15(2); Produce Cess Rules, 1969 - Rule 6; Central Excise Rules, 1944 - Rule 10 and 10A
ILR1990KAR3051
on Sub-section (2) of Section 15 of the 1966 Act and Rule 10 of the Central Excise Rules, 1944, whereas the learned Additional Central Government … (2) of Section 15 of the 1966 Act reads as follows:'The provisions of the Central Excise and Salt Act, 1944 and the Rules made thereunder, including those relating to refunds and exemptions from duty, shall, so far as … 7911-25. . .329-75Total. . .Rs. 1,82,288-50In the Writ Petition, the notice dated 30-8-1976 issued by the Superintendent of Central Excise, C.A. & I.G. Binny Mills, Bangalore, produced as Annexure-C is also sought to be quashed. Under the said
Tag this Judgment! AI Brief & AskStadfast Paper Mills Vs. D.R. Kohli, Former Collector of Central Excis ...
Gujarat
Jul-22-1970
Excise
Central Excise Rules, 1944 - Rules 9B and 10; Central Excise Act, 1944 - Sections 10 and 36; Central Excise Tariff Act, 1985
1983LC717D(Gujarat); 1983(12)ELT744(Guj)
by the Excise Department to the petitioner. The rule is made absolute with costs. Central Excises & Salt Act, 1944, Section 3 - Classification--Tariff Item 17(3): C.E. Rules 10 & 10AWriting and Printing Paper - - By this letter,
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Union of India (Uoi) and ors. Vs. Dharamendra Textile Processors and o ...
Supreme Court of India
Sep-29-2008
Excise
Central Excise Act, 1944 - Sections 3A, 3A(3), 3A(4), 9, 11A, 11A(2), 11AB, 11AC and 15H; Central Excise Rules, 1944 - Rules 96ZO, 96ZQ, 96ZQ(5), 9620(3), 173Q, 173G(1) and 173G(4); Finance Act, 1996; Finance Act, 2000; Central Excise Tariff Act, 1985; Income Tax Act, 1961 - Sections 115O(2), 132, 132(4), 139, 139(1), 142(1), 142(2A), 143, 143(1), 143(2), 148, 153(1), 194B, 271, 271(1), 271B, 271C, 271F, 272(1), 272A and 276C; Securities and Exchange Board of India Act, 1992 - Sections 12B, 15A, 15B, 15C, 15D, 15E, 15F, 15G, 15H, 15I, 15J and 24; Forgien Exchange Regulation Act, 1947 - Sections 10, 10(1), 23, 23(1) and 37(1); Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 - Regulation 25(7); Induction Furnace Annual Capacity Determination Rules, 1997; Hot
2008(133)ECC247; 2008(159)LC247(SC); 2008(231)ELT3(SC); [2008]306ITR277(SC); JT2008(11)SC255; 2008(13)SCALE233; (2009)11VatReporter63; (2008)18VST180(SC); 2008AIRSCW8038
SCALE 304. The question which arises for determination in all these appeals is whether Section 11AC of the Central Excise Act, 1944 (in short the `Act') inserted by Finance Act, 1996 with the intention of imposing mandatory penalty on persons … attracts `penalty' under Section 23(1)(a), FERA, 1947 and a finding that the delinquent has contravened the provisions of Section 10, FERA, 1947 that would immediately attract the levy of `penalty' under Section 23, irrespective of the fact whether
Tag this Judgment! AI Brief & AskThe Commissioner of Central Excise Vs. Shruti Colorants Ltd.
Mumbai
Aug-29-2008
Excise
Central Excise Act, 1944 - Sections 11AC, 35, 35(1), 35C, 35E(3), 35H, 35G and 35G(9); Central Excise Tariff Act, 1985; Income Tax Act, 1962 - Sections 130; National Tax Tribunal Act, 2005 - Sections 15, 23, 23(1) and 24; Limitation Act, 1963 - Sections 3, 4, 5, 12, 14, 14(2) and 29(2); ;Arbitration Act, 1940 - Sections 39; Arbitration and Conciliation Act, 1996 - Sections 34, 34(3) and 43; Rajasthan Premises (Control of Rent and Eviction) Act, 1976; Land Acquisition Act, 1894 - Sections 18(1), 18(2), 18(3) and 28A; Sales Tax Act - Sections 10; Central Excise Rules - Rule 57A, 57D(2) and 57F(4)
(2008)110BOMLR3251; 2008(133)ECC197; 2008(159)LC197(Bombay); 2009(233)ELT171(Bom); 2009[13]STR358
of the above seven Appeals preferred by the Commissioner of Central Excise, Pune under Section 35G of the Central Excise Act, 1944 (hereinafter referred to as 'the Act'). All these Appeals are barred by time. The Appellant in all the … For all the reasons aforesaid, we are of the opinion that the object, the scheme and language of Section 10 of the Salestax Act do not permit the invocation of Section 14(2) of the Limitation Act, either, in
Tag this Judgment! AI Brief & AskNaini Glass Works Vs. Collector, Central Excise and ors.
Allahabad
Mar-10-1964
Excise
Constitution of India - Article 226; Central Excise Act, 1944 - Sections 35; Central Excise Rules, 1944 - Rule 10
AIR1965All305
valorem being a short levy, a demand could be raised under Rule 10 of the central Excise Rules, 1944. Under Item 23-A (2) of the … respondent's counsel. Admittedly, the petitioner had a right of appeal. Section 35 of the Central Excises and Salt Act, 1944 reads: --'35 (1) Any person deeming himself aggrieved by any decision or order passed by a Central Excise … the petitioner) have filed this writ petition under Article 226 of the Constitution of India against the Collector, Central Excise, Allahabad respondent No. 1 (hereinafter referred to as the Collector), the Inspector, Central Excise, Sector II, Naini, Allahabad,
Tag this Judgment! AI Brief & AskThe Tata Iron and Steel Co. Ltd., Bihar Vs. the Collector of Central E ...
Supreme Court of India
Mar-02-2005
Excise
Central Excise Act, 1944 - Sections 5A, 11A, 11A(1) and 35L; Central Excise Rules, 1944 - Rules 8, 8(1), 9(2), 196 and 196(1); Central Excise Tariff Act, 1985; Income Tax Act, 1922 - Sections 10(2), 10(5); Income Tax Act, 1961
2005(99)ECC185; 2005(181)ELT311(SC); JT2005(3)SC115; (2005)3SCC528
Arijit Pasayat, J.1. These three appeals under Section 35L of the Central Excise Act, 1944 (in short the 'Act') are directed against three separate orders passed by the Customs, Excise and Gold (control) … itself has not been statutorily defined. In view of the extended statutory definition of the word 'plant' in Section 10(5) of the Income Tax Act, 1922 it seems clear that the word 'installed' in relation to the machinery
Tag this Judgment! AI Brief & AskMehendra Mills Ltd. Vs. Union of India
Gujarat
Dec-05-1987
Excise
Central Excise Rules, 1944 - Rules 4, 10, 10(2), 11, 12, 18, 96V, 96W and 173J; Central Excise Act, 1944 - Sections 3, 4, 6, 11A, 12 and 37;
1989(19)ECC118; 1989(23)LC123(Gujarat); 1988(36)ELT563(Guj)
17-11-1980 without containing saving clause for the continuance of proceeding already initiated, and when Section 11A of the Central Excise Act did not create any fiction and when Section 6 of the General Clauses Act was also not applicable, … Majumdar, J.1. In this group of Special Civil Applications certain common questions under the Central Excises and Salt Act, 1944 (hereinafter called as the Act) are raised and hence they were heard together and are being disposed of … were issued to the concerned mill companies under the then prevailing Rules 10 and 10A of the rules and in most of the cases the
Tag this Judgment! AI Brief & AskElectric Construction and Equipment Company Ltd. Vs. Union of India an ...
Delhi
Aug-20-1980
Excise
Central Excise Act, 1944 - Sections 4; Central Excise Rules, 1944 - Rule 10
1980(6)ELT669(Del); ILR1981Delhi435
assessable' value of theaforesaid goods manufactured by the petitioner 'under Section 4 of the Central Excise and Salt Act, 1944 (hereinafter referred as 'the Act') as it stood prior to its amendment by Act 22 of 1973 but … value for the purposes of levy of excise duty arose in the context of Section 4 of the Central Excise Act both as it stood prior to the amendment which become effective on 1.10.1975 and subsequent to the said
Tag this Judgment! AI Brief & AskKarunakaran Vs. Deputy Superintendent of Central Excise
Kerala
Mar-31-1960
Excise
Central Excise Act, 1944 - Sections 10 and 12; Central Excise Rules, 1944 - Rule 215; Sea Customs Act - Sections 168
AIR1961Ker93; 1961CriLJ379
will bear their costs of this appeal. Excise - seizure of car - Sections 10 and 12 of Central Excise Act, 1944, Rule 215 of Central Excise Rules, 1944 and Section 168 of Sea Customs Act - seizure of car
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