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Eastern Book Company and ors. Vs. D.B. Modak and anr.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Companies Act, 1956; Copyright Act, 1957 - Sections 2, 13, 13(1), 13(2), 13(3), 14, 14(1), 16F, 16F(4), 17, 51, 52 and 52(1); Uttar Pradesh Copyright (Amendment) Act, 1975; Constitution of India - Articles 10, 15, 15(4), 16(4), 29, 226, 338(3), 340(1), 341 and 342; Terrorist and Disruptive Activities (Prevention) Act - Sections 2, 2(1) and 3(4); Indian Penal Code (IPC) - Sections 2 and 201; Central Excise Tariff Act, 1985; Indian Soldiers (Litigation) Act, 1925; Income Tax Act, 1922 - Sections 34; Income Tax Act, 1961 - Sections 147; Surtax Act, 1964 - Sections 8; Central Excise Act, 1944 - Sections 11B, 11D, 11E, 12A, 12B, 12C and 12D; Copyright (Amendment) Act, 1983; Copyright (Amendment) Act, 1984; Copyright (Amendment) Act, 1994; Copyright Act, 1842

Reported in : AIR2008SC809; 2008(2)ALD1(SC); 2008(56)BLJR181; (2008)1CALLT69(SC); (2008)1CompLJ1(SC); 2008(1)JKJ41[SC]; LC2008(1)56; (2008)1MLJ361(SC); 2008(36)PTC1(SC); 2007(14)SCALE1; 2008AIRSCW49; AIR2008SC809; 2008(1)SCC1; 2008(1)LH(SC)179; 2008(2)ICC206; 2008(4)KCCRSN237

text obtained from Registry: SCC Page: SCOPE OF SECTIONS 11B, 11D, 12A, 12B, 12C AND 12D OF THE CENTRAL EXCISE ACT, 1944 Sections 11B and 11D in Chapter II and Sections 12A, 12B, 12C and 12D in Chapter II-A are … the raw text and it constitutes an `original literary work  of the appellants in which copyright subsists under Section 13 of the Copyright Act, 1957 (hereinafter referred to as  the Act ) and thus the appellants alone

Adarsh Metal Corporation Vs. Union of India (Uoi)

Court : Rajasthan

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 9(3), 11A(1), 11B, 11B(1), 11B(2), 11B(3), 11B(4), 11C(2), 11D(2), 12A, 12B, 12C, 12D and 37B; Central Excise and Customs Laws (Amendment) Act, 1991; Customs Act, 1962 - Sections 27(2), 28A(2), 28C and 28D(2); Contract Act - Sections 72; Essential Commodities Act; Income Tax Act, 1961 - Sections 41(1); Agriculture Produce Act; Madhya Bharat Essential Supplies (Temporary Powers) Act, 1948; Madhya Bharat Sugar Control Order, 1949; Constitution of India - Articles 14, 226 and 265; Central Excise Rules; Price Control Order

Reported in : 1993(67)ELT483(Raj)

final order. A specific order was passed by the court. The amended provisions of Section 11B of the Central Excise Act does not have the effect of nullifying that order.'The same view was reiterated in Gopal Hosiery v. Assistant … Item No. 26AA of the Tariff Schedule, as it was then existing, under the Central Excises and Salt Act, 1944 (hereinafter referred to as 'the Act of 1944'). The petitioner claimed that the product manufactured by it properly … Section 11B of the Act and substituting Sections 12A, 12B, 12C and 12D in the said Act, the petitioner is not entitled to any refund.9.

All India Tax Payers Welfare Association Vs. Union of India (Uoi)

Court : Chennai

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 65, 66, 68, 68(1), 70, 71A and 83; Central Excise Act, 1944 - Sections 1B, 9C, 9D, 11, 11BB, 11C, 11D, 12, 12A, 12B, 12C, 12D, 12E, 14, 15, 35F, 35D, 35E, 36, 36A, 36B, 37A, 37B, 37C, 37O, and 40; Finance Act, 2003 - Sections 66, 669(1) and 68; Finance Act, 2004 - Sections 83; Central Excises Act, 1944 - Sections 9C, 9D, 11, 11B, 11BB, 11C, 11D, 12, 12A, 12B, 12C, 12D, 12E, 14, 15, 35F to 35O, 35Q, 36, 36A, 36B, 37A, 37B, 37C, 37D and 40; Service Tax Rules, 1997 - Rules 2, 12 and 17

Reported in : (2006)205CTR(Mad)360; 2006[4]STR14

is to collect service tax from the users of service as contemplated Under Sections 12A and 12B of Central Excise Act, 1944. The second respondent rightly mentioned in all bills the details including service tax which is payable by the … Excise (9C, 9D, 11, 1B, (11BB), 11C, 11D, 12, 12A, 12B, 12C, 12D, 12E,, 14, 15, 35F, to 35D, 35E, 36, 36A, 36B, 37A, 37B, … that every person providing taxable service to any person shall pay service tax at the rates specified in Section 68(1) of the Finance Act in such manner and within such period as may be prescribed under the

Mahindra and Mahindra Ltd. Vs. the Union of India (Uoi) and anr.

Court : Mumbai

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2, 4, 11B and 12D

Reported in : 1997(2)BomCR303

as to costs. Certified copy expedited.Petition allowed. Excise - refund - Sections 2, 4, 11B and 12D of Central Excise Act, 1944 - petition for refund - Section 11-B (1) requires assessee claiming refund to establish that amount of excise

Leo Engineering (India) Vs. State of Kerala

Court : Kerala

Subject : Sales Tax

Acts : Central Sales Tax Act, 1956 - Sections 10; ;Central Excise Act, 1944 - Sections 12B, 12C and 12D; Kerala General Sales Tax Rules, 1963 - Rules 31C, 31D and 67; Finance Act, 2000 - Sections 9 and 9(2B)

Reported in : [2006]146STC393(Ker)

of India [1998] 111 STC 467, where the Supreme Court upheld Sections 12B, 12C and 12D of the Central Excise Act, 1944 which provide for refund of duty only if it is proved that the manufacturer has not passed on … Sales Tax Act, 1956, hereinafter called 'the CST Act', can be forfeited in exercise of powers conferred Under Section 46A of the Kerala General Sales Tax Act, 1963. In this case, the excess tax collected by the

Assistant Collector of Central Excise Vs. Elgi Equipments Ltd.

Court : Chennai

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 1B(2), 4(1), 11B, 11B (1), (2) and (3) and 12D

Reported in : 1993(41)ECC102; 1992(62)ELT705(Mad); (1993)IMLJ128

40 of 1991) which reads thus : '3. Amendment of Section 11B :- In Section 11B of the Central Excise Act, - (a) in sub-section (1) :- (i) after the words 'from the relevant date', the following shall be … with amended provisions of Section 11-B--Central Excises and Salt Act (1 of 1944), Sections 2(cc), 11-B, 12-C, 12-D,--Central Excise & Customs Laws (Amendment) Act (40 … Welfare Fund established under Section 12C and the money credited to the fund is required by reason of Section 12D, to be utilised by the Central Government for the welfare of consumers in accordance with Rules in that

M/S Glyph International Limited Vs. Union of India

Court : Delhi

Subject : Service Tax

intend to make repetition of the law and procedure relating to various subjects incorporated in different sections of Central Excise Act, 1944 referred to in Section 83 of the Finance Act 1994, adoption of relevant applicable provisions of that Act … tax as they apply in relation to a duty excise:- 9C, 9D, 11B, 11C, 12, 12A, 12B, 12C, 12D, 12E, 14, 14AA, 15, 33A, 35F, 35FF, to 350 (both inclusive), 35Q, 36, 36A, 36B, 37A, 37B, 37C,

Bhushan Steel Industries Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (1996)(88)ELT90TriDel

Matched in: Court Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Addison and Co. Vs. Commissioner of C. Ex.

Court : Chennai

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11B, 11B(1), 11B(2), 11C(2), 11D(2), 12B, 12C, 12C(2) and 12D

Reported in : 2001(129)ELT44(Mad)

19-7-1988 and 15-6-1989. The claims were made within the period of limitation prescribed in Section 11B of the Central Excise Act.3. Such claims were allowed by the Asstt. Collector and that order was affirmed by the Collector of Customs. … in Sub-section (2) of Section 11B or Sub-section (2) of Section 11C or Sub-section (2) of Section 11D. Section 12D deals with the utilisation of the fund. It requires the Central Government to use the fund for the

Mafatlal Industries Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : ExciseConstitution

Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)

determining whether the burden of the tax really was passed on. Excise - refund - Section 11B of Central Excise Act, 1944, Section 72 of Indian Contract Act, 1872 - refund of tax claimed by respondent - validity of Section 11B … collected will be credited to the Consumer Welfare Fund and the said Fund will be utilised as per Section 12D of the Act.38. As stated, Section 11B(2) and Section 11B(3) go together. The applications for refund made before