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Mar 04 1963

CochIn Potteries (P) Ltd. Vs. Union of India (Uoi) and ors.

Court : Kerala

Decided on : Mar-04-1963

Subject : Direct Taxation

Acts : Provisional Collection of Taxes Act, 1931 - Sections 4; Finance Act, 1961 - Sections 11 and 13; Central Excise Act, 1944; Tariff Act, 1934; ;Provisional Collection of Taxes Act, 1931 - Sections 4(2)

Reported in : AIR1964Ker18

- Section 4 of Provisional Collection of Taxes Act, 1931, Sections 11 and 13 of Finance Act, 1961, Central Excise Act, 1944, Tariff Act, 1934 and Section 4 (2) of Provisional Collection of Taxes Act, 1931 - demand made by

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Feb 06 2008

The Assistant Commissioner of Central Excise and Customs, Hubli Divisi ...

Court : Karnataka

Decided on : Feb-06-2008

Subject : Excise

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 103; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 35; Karnataka Co-operative Societies Act, 1951 - Sections 71; Central Excise Act, 1944 - Sections 11, 11D and 12; Customs Act, 1962 - Sections 3, 28D, 31 and 142; Banking Regulation Act, 1949 - Sections 35; Central Boards of Revenue Act, 1963; Transfer of Property Act, 1882 - Sections 69 and 69A; Karnataka Sales Tax Act, 1957; Karnataka Land Revenue Act, 1964 - Sections 150, 158 and 190; Central Excise Rules

Reported in : AIR2008Kant70; 2008(126)ECC112; 2008(152)LC112(Karnataka); 2008(226)ELT325(Kar); ILR2008KAR2598; 2008(5)KarLJ81; 2008[12]STR671; [2009]19STT467

the Central Excise Act and the Rules.7. It is contended that by virtue of Section 11 of the Central Excise Act, 1944 read with Section 142 of the Customs Act, 1962, the petitioner-department is empowered to recover excise duty by

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Dec 16 2005

Ani Elastic Industries Thro' Kantilal T. Patel Vs. Union of India (UOi ...

Court : Gujarat

Decided on : Dec-16-2005

Subject : CivilExcise

Acts : Central Excise Act, 1944 - Sections 11; Finance Act, 2004; Constitution of India - Articles 226 and 227

Reported in : 2008(222)ELT340(Guj); 2009[15]STR753

Enterprise within 10 days, failing which action would be taken against the petitioner under Section 11 of the Central Excise Act, 1944 (the Act).6. It is the case of the petitioner that it had submitted a reply dated 15th October,

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Feb 05 2008

Krishna Lifestyle Technologies Ltd. Vs. Union of India (Uoi) Through t ...

Court : Mumbai

Decided on : Feb-05-2008

Subject : Excise

Acts : Customs Act, 1962 - Sections 142; Central Excise Act, 1944 - Sections 11; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2005 - Sections 13(6) and 35; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002; Finance Act, 2004 - Sections 11; Central Boards of Revenue Act, 1963 - Sections 11D; Customs Act, 1862; Karnataka Land Revenue Act - Sections 158 and 190; Contract Act - Sections 176; Central Sales Tax Act - Sections 9; Transfer of Property Act, 1882 - Sections 100; State Financial Corporation Act, 1951 - Sections 29 and 29(2); Karnataka Sales Tax Act - Sections 15; State Corporation Act, 1951 - Sections 25; Income Tax Act - Sections 2(13); Bombay Sales Tax Act, 1959 - Se

Reported in : (2008)110BOMLR456; 2008BusLR314(Bom); 2008(125)ECC208; 2008(151)LC208(Bombay); 2008(229)ELT173(Bom); 2009[16]STR669

it is sold by a secured creditor under the provisions of the SARFAESI Act.3. Considering the proviso to Section 11 of The Central Excise Act, 1944, can a transfer be said to be a voluntary transfer by 'the … for the movables.3. Respondent No. 2 by an Order of 27-11-2001 had made a demand of duty under Central Excise Act, 1944 and had also imposed penalty against M/s. Rotex Textiles Mills Ltd. There also appear to have been other

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Mar 02 2009

Gharkul Industries Pvt. Ltd., a Company Registered Under the Companies ...

Court : Mumbai

Decided on : Mar-02-2009

Subject : Company

Acts : Companies Act, 1956; Central Excise Act, 1944 - Sections 11 and 11A; State Financial Corporation Act, 1956; State Financial Corporation Act, 1952 - Sections 29; State Financial Corporation Act, 1951 - Sections 29 and 29(2); Central Excise Rules - Rule 230(2)

Reported in : 2009(4)BomCR324; 2009(111)BomLR1691; [2009]20STT167

1. Respondent 1 is the Superintendent of Central Excise at Amravati and is discharging his duties under the Central Excise Act, 1944. Respondent 2 is Sicom Limited (for short, 'SICOM'). It is a company registered under the Companies Act, 1956. … borrower. Learned Counsel for respondent 1 has conceded that Section 11A is mentioned inadvertently. It should read as Section 11. With letter dated 3/1/2006, the petitioners had no quarrel because in terms of Section 11 of the Central

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Jan 22 2008

Commissioner of Central Excise Vs. S.K. Sacks (P) Ltd.

Court : Punjab and Haryana

Decided on : Jan-22-2008

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11(A)(C), 11(C), 35(G) and 57(1)(5); Central Excise Tariff Act, 1985; Central Excise Rules, 1944 - Rules 9(2), 57(C), 57(1), 57(1)(5), 173(Q) and 226

Reported in : 2008(125)ECC307; 2008(151)LC307(P& H); 2008(226)ELT38(P& H)

Rakesh Kumar Garg, J.1. The revenue has filed this appeal under Section 35(G) of the Central Excise Act 1944, challenging the order dated, 27th December, 2005 (Annexure P-3) passed by the Customs, Excise & Service Tax Appellate … for adjustment of amount already paid by them towards payment of duty under Rule 57(1). Penal action under Section 11(C) of the Central Excise Act, 1944 read with Rule 9(2), 57(C), 57(1), 173 (Q) and 226 of the

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Oct 07 2004

Padmanabh Silk Mills Vs. Union of India (Uoi)

Court : Gujarat

Decided on : Oct-07-2004

Subject : Excise

Acts : Constitution of India - Article 226 ;Central Excise Act, 1944 - Sections 11(2) 11B, 11B(1), 11B(2), 11(BB), 12, 35F; Customs Act - Sections 129E; Central Excise Rule; Central Excises and Customs Laws (Amendment) Act, 1991

Reported in : 2006(193)ELT536(Guj); (2005)1GLR74

the petitioner that they were not entitled to get interest on deposit in this case u/s.11(BB) of the Central Excise Act, 1944, which provides for interest for delayed refund of duty and not of deposit. Hence, this petition.6. Shri Dave, … which was deposited by them by way of pre-deposit. He, therefore, submitted that irrespective of the provision of Section 11(BB), the petitioners were even otherwise entitled for the interest of almost 3 years on belated refund. In support

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Jun 22 2000

itw Singnode India Ltd., Hyd. Vs. Assistant Commissioner of Customs an ...

Court : Andhra Pradesh

Decided on : Jun-22-2000

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11-B; Central Excise Rules, 1944; Central Excise Tariff Act, 1985 - Sections 35; Constitution of India - Articles 226 and 227; Customs Laws (Amendment) Act, 1991

Reported in : 2000(4)ALD167; 2000(3)ALT676; 2000(71)ECC49; 2000(122)ELT651(AP)

(Rupees one crore only) paid as a pre-dcposit on 28-11-1997 with interest as per Section 11-BB of the Central Excise Act, 1944 from the date immediately after the expiry of three months from the date of refund of the said

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Feb 10 2011

The Commissioner of Central Excise Vs. M/S. Mehta and Co.

Court : Supreme Court of India

Decided on : Feb-10-2011

Subject : Excise

Acts : Central Excise Act, 1944 - Section 11 AB

for excise duty, sales tax etc. from M/s. Adyar Gate Hotels Limited.8. A show cause notice under the Central Excise Act, 1944 [for short "the Act"] dated 15.05.2000 was issued to the respondent - M/s. Mehta & Company to show … have been paid, till the date of payment of such duty should not be demanded from them under section 11 AB of the Act; and1 (vi) The goods involved should not be confiscated under Rule 173Q (1) of

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Mar 30 1973

Shabbir Hasan Khan Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Mar-30-1973

Subject : ExciseConstitution

Acts : Central Excises and Salt Act, 1944 - Sections 11; Constitution of India - Article 14

Reported in : AIR1974All99

question for the opinion of this Court:-- 'Whether provisions of Section 11 of the Central Excises and Salt Act, 1944 are viola-tive of Article 14 of the Constitution.'2. Shabbir Hasan Khan brought a suit for an injunction restraining … was stored by him in a godown. The tobacco got somewhat deteriorated and the plaintiff applied to the Central Excise Department for its disposal. The application remained pending for a long time. The Deputy Superintendent, Central Excise Department

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