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Virlon Textile Mills Ltd. Vs. Commissioner of Central Excise, Mumbai
Supreme Court of India
Apr-17-2007
Excise
Central Excise Act, 1944 - Sections 3, 3(1) and 5A(1); Customs Act, 1962 - Sections 12, 25 and 25(1); Customs Tariff Act, 1975 - Sections 3 and 3A; Textile Committee Act, 1963; Central Excise Tariff Act, 1985 - Sections 3; Industries (Development and Regulation) Act, 1951 - Sections 14; Central Excise Rules, 1944 - Rule 8(1); Industries (Development and Regulation) Rules
2007(118)ECC43; 2007LC43(SC); 2007(211)ELT353(SC); JT2007(5)SC597; 2007(5)SCALE767; (2007)4SCC440
exchange. According to the show cause notice, under the proviso to Sub-section (1) of Section 3 of the Central Excise Act, 1944, (the '1944 Act') duty of excise was leviable on excisable goods produced by 100% EOU and allowed to … and allowed to be sold in India, equal to the aggregate of the duties of customs leviable under Section 12 of the Customs Act, 1962, on like goods produced or manufactured outside India if imported into India, and
Tag this Judgment! AI Brief & AskChemitex, Goa and Another Vs. Union of India and Others
Mumbai
Jan-18-1982
Customs
Customs Act 1962 - Sections 105, 110, 110(2), 110(3), 124 and 129; Central Excise Rules, 1944 - Rule 156; Central Excise Act, 1944 - Sections 12, 18, 35 and 35B
1983(14)ELT2130(Bom)
110, 110 (2), 110 (3), 124 and 129 of Customs Act, 1962, Sections 12, 18 and 35 of Central Excise Act, 1944 - large number of documents and cotton fabric seized from petitioner's factory - petitioners challenged action of respondents … of the Constitution. Indeed, it is their case that, on one hand the said Notification is ultra vires Section 12 of the Excise Act, 1944 insofar it confers the power under Section 110(3) of the same Act, 1962
Tag this Judgment! AI Brief & AskGian Castings Ltd. and ors. Vs. Uoi and ors.
Punjab and Haryana
Jan-27-1999
Excise
Constitution of India - Article 226; Customs Act, 1962 - Sections 105 and 105(1), 110, 142 and 150; Central Excise Rules, 1944 - Rules 9(2), 197, 201 and 209 ; Central Excise Act, 1944 - Sections 3, 11, 12, 14, 18, 33 and 37
2000(67)ECC385; 1999LC379(P& H); 1999(108)ELT36(P& H); (1999)121PLR684
independent witnesses were associated. The petitioners allege that in view of the provisions of Section 12 of the Central Excise Act 1944, only 'provisions contained in Chapters V, IX, X, XIV, XV and XVI of the Customs Act, 1962' could
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Saurashtra Cement and Chemical Industries Ltd. Vs. U.O.i.
Gujarat
Dec-12-1990
Excise
Central Excise Rules, 1944 - Rules 10 and 57-I; Central Excise Act, 1944 - Sections 3, 4, 4(1), 4(4), 6, 11A, 12, 37, 37(1), 37(5) and 38
1991(55)ELT467(Guj)
Sections 3, 4, 4 (1), 4 (4), 6, 11A, 12, 37, 37 (1), 37 (5) and 38 of Central Excise Act, 1944 - Assistant Collector's demand for recovery of differential duty challenged - price list submitted was incorrect as it … regard to the packing material i.e. gunny bags. 2. It is the contention of the petitioner that under Section 4(4)(d)(i) of the Central Excises and Salt Act, 1944, for determining the value of the excisable goods, the
Tag this Judgment! AI Brief & AskGadagotlu Sitaramaiah Vs. Collector of Central Excise, Hyderabad
Andhra Pradesh
Dec-24-1959
ExciseCustoms
Central Excise Act, 1944 - Sections 12, 35, 37, 37(1) and 37(2); Central Excise Rules, 1944 - Rule 215; Sea Customs Act - Sections 189
AIR1960AP294
this petition are within a very brief compass.2. The petitioner is a trader in Virginia tobacco under the Central Excise Act 1944 and holds a licence (L. 5. 17/49) of Chilakaluripet, Narasarao-pet Taluk, Guntur District. On 1-3-1955, the petitioner issued … in appeal under this section shall, subject to the power of revision conferred by Section 36, be final'. Section 12 of the Act states as follows :'The Central Government may by notification in the Official Gazette, declare unit
Tag this Judgment! AI Brief & AskCollector of Customs and Excise, CochIn and ors. Vs. A.S. Bava
Supreme Court of India
Jul-27-1967
Customs
Constitution of India - Article 226; Central Excise Rules, 1944 - Rule 40; Customs Act, 1962 - Sections 129; Central Excise Act, 1944 - Sections 12 and 36
AIR1968SC13; 1973LC18(SC); 1978(2)ELT333(SC); 1967(0)KLT935(SC); [1968]1SCR82
40 of Central Excise Rules, 1944, Section 129 of Customs Act, 1962 and Sections 12 and 36 of Central Excise Act, 1944 - appeal against judgment of High Court - petitioner is firm of dealers in Tobacco - by two
Tag this Judgment! AI Brief & AskA.S. Bava Vs. Collector of Customs and ors.
Kerala
Sep-28-1965
Customs
Central Excise Act, 1944 - Sections 12 and 35; Sea Customs Act, 1878 - Sections 189; Customs Act, 1962 - Sections 129
AIR1966Ker195
There will be no order as to costs. Customs - duty - Sections 12, 35 and 40 of Central Excise Act, 1944, Section 189 of Sea Customs Act, 1878 and Section 129 of Customs Act, 1962 - matter pertaining to demand
Tag this Judgment! AI Brief & AskThe United Tobacco Co. Ltd. Vs. Collector of Central Excise, Hyderabad
Andhra Pradesh
Nov-07-1966
ExciseCustoms
Central Excises Act, 1944 - Sections 12 and 35; Sea Customs Act, 1878 - Sections 189
AIR1968AP282
Chan-dra Reddy, C. J., and Gopalrao Ekbote, J., for reconsideration of the decision in Sita-ramaiah v. Collector of Central Excise, Hyderabad, ILR (1963) Andh Pra 42 delivered by a Bench of this Court, in view of the two … Pra 42 it was held that Rule 215 of the Rules made under the Central Excises and Salt Act, 1944, making among other sections Section 189 of the Sea Customs Act applicable to any decision or order relating … was made applicable to the Central Excises and Salt Act by Notification No. 69/59 dated 18-7-59 made under Section 12 of the Central Excises and Salt Act which authorises the Central Government by a notification in the Official
Tag this Judgment! AI Brief & AskThe Travancore Rayons Ltd. Vs. the Textiles Committee
Kerala
Mar-03-1972
Civil
Textiles Committee Act, 1963 - Sections 12; Central Excise Act, 1944; Textiles Committee Rules, 1965 - Rule 21; ;Constitution of India - Article 226
AIR1972Ker278
make no order as to costs. Civil - levying fee - Section 12 of Textiles Committee Act, 1963, Central Excise Act, 1944, Rule 21 of Textiles Committee Rules, 1965 and Article 226 of Constitution of India - whether in absence
Tag this Judgment! AI Brief & AskVijay Prataprai Mehta Vs. Union of India
Mumbai
Dec-03-1991
Customs
Customs Act, 1962 - Sections 2(14), 2(15), 2(23), 2(25), 2(26), 12, 14, 25 and 46; Central Excise Rules, 1944 - Rule 8 and 8(1)
1992(59)ELT382(Bom)
before claiming exemption under exemption Notification No. 35/81-C.E., dated 1st March 1981 issued under Rule 8 of the Central Excise Rules, 1944. This fact is very material because even if the petitioner's contentions on legal submissions are accepted, … is whether an exemption notification issued under the Central Excises and Salt Act, 1944 (hereinafter referred to as 'Excise Act') giving certain benefits of exemption to the assessee under Excise Act stands automatically extended to imports under the … dated 1st March 1981 issued under the Excise Act applies automatically to the levy of additional duty under Section 12 of the Customs Act, 1962 read with Section 3(1) of the Customs Tariff Act, 1975. 5. Before dealing
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