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Ambica Industries Vs. Commissioner of Central Excise
Supreme Court of India
May-18-2007
CivilExcise
Central Excise Act, 1944 - Sections 33, 35C, 35G, 35G(1), 35G(9), 35H, 36B, 66, 66(1), 66(2), 66(8) and 274(2); Finance Act, 2003 - Sections 144 and 145; Income Tax Act, 1961 - Sections 256(2); Code of Criminal Procedure (CrPC) ; Income Tax Act, 1922 - Sections 33, 66 and 66(1); Customs Act; Companies Act, 1956 - Sections 1A, 2(11), 10A and 10F; Code of Civil Procedure (CPC) - Sections 20, 100, 100(1), 141 - Order 2, Rule 2 - Order 23, Rule 1
2007(213)ELT323(SC); JT2007(8)SC467; 2007(8)SCALE488; (2007)6SCC769; [2007]9STT1; (2009)20VST1(SC)
Maharashtra.4. Having regard to the situs of the Tribunal, an appeal in terms of Section 35G of the Central Excise Act, 1944 was filed before the Delhi High Court. A Division Bench of the said Court relying on or on … CIT 1998 (230) ITR 917 at 915-917 and CCE v. Technological Institute of Textile in : 76(1998)DLT862 ].39. Section 20(c) of the Code of Civil Procedure reads as under:20. Other suits to be instituted where defendant reside or
Tag this Judgment! AI Brief & AskTrisakti Electronics and Industries Ltd. Vs. Union of India (Uoi)
Kolkata
May-18-2001
Excise
Central Excise Act, 1944 - Sections 2 and 3; ;Central Excise Rules, 1944 - Rules 9 and 13; ;Customs Act, 1962 - Sections 20, 25, 25(1), 57 and 58; ;Central Excise Tariff Act, 1985; ;Customs Tariff Act, 1975
2001(78)ECC342,2001(133)ELT288(Cal)
authority of accepting and/or releasing the bonds as per paragraphs 2(4)(b) and (d) of the notification issued under Central Excise Act, 1944 and Rule 13 of the Central Excise Rules, 1944. The other one is the respondent number 6 being … in the Customs Act for the customs authorities. Customs Act also made provision for reimportation of goods under Section 20 of the Act and further made provision for granting exemption of customs duty under Section 25 of the
Tag this Judgment! AI Brief & AskGarden Silk Mills Ltd. and anr. Vs. Union of India and ors.
Supreme Court of India
Sep-29-1999
Customs
Customs Act, 1962 - Sections 2(23),(27), 12, 14, 15, 29, 30, 31, 32, 33, 34, 45, 46 and 47; Customs Tariff Act, 1975 - Sections 3; Customs Valuation(Determination of Price of Imported Goods) Rules, 1988; Sea Customs Act, 1878 - Sections 20; Central Excises Act, 1944 - Sections 3; Constitution of India - Article 14
AIR2000SC33; 1999(113)ELT358(SC); (2000)2GLR1863; JT1999(7)SC522; 1999(6)SCALE285; (1999)8SCC744
Amend Section 20 of the Sea Customs Act, 1878 and Section 3 of the Central Excises and Salt Act, 1944, : [1964]3SCR787 at page 823 observed as follows:Truly speaking, the imposition of an import duty, by and large, … had filed a declaration under the Kar Vivadh Samadhan Scheme, 1998. The Assistant Commissioner, Kar Vivadh Samadhan Scheme, Central Excise, Mumbai had conveyed to the appellants that the declaration is not based on the show cause notice or
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New Delhi Municipal Committee Vs. State of Punjab, Etc. Etc.
Supreme Court of India
Oct-04-1994
Property
Constitution of India - Article 289(1); Punjab Municipal Act, 1911; Sea Customs Act, 1878 - Sections 20; Central Excises and Salt Act, 1944 - Sections 3
AIR1995SC3; 1994(4)SCALE390a; (1994)6SCC619
The Bill to amend Section 20 of the Sea Customs Act, 1878, and Section 3 of the Central Excises and Salt Act, 1944, 1964-3 S.C.R. 787.3. Having duly considered the majority opinion in the Presidential Reference aforementioned, … amend Section 20 of the Sea Customs Act, 1878, and Section 3 of the Central Excises and Salt Act, 1944, 1964-3 S.C.R. 787.3. Having duly considered the majority opinion in the Presidential Reference aforementioned, we find that the
Tag this Judgment! AI Brief & AskState of Kerala Vs. Attesee (Agro Industrial Trading Corporation)
Supreme Court of India
Oct-27-1988
Sales Tax
Constitution of India - Articles 269, 286, 286(2) and 286(3)
AIR1989SC222; 1989(19)ECC60; 1988(38)ELT720(SC); JT1988(4)SC250; 1988(2)SCALE1597; 1989Supp(1)SCC733; [1988]Supp3SCR601; [1989]72STC1(SC)
on the other, of the definition of 'cotton fabrics' in item 19 of the Schedule 1 of the Central Excise and Salt Act, into the provisions of Section 9 read with item No. 7 of the III Schedule … the following:5. Sugar as defined in item 1 of the First Schedule to the Central Excises and Salt Act, 1944; 6. Tobacco as defined in item 4 of the First Schedule to the Central Excises and Salt Act, … and rayon or artificial silk fabrics as defined in item nos. 19, 20, 21 and 22 respectively of the First Schedule to the Central Excises
Tag this Judgment! AI Brief & AskBommidala Poornaish Vs. the Union of India
Andhra Pradesh
Jun-27-1966
Excise
Central Excises and Salt Act, 1944 - Sections 33, 35, 36 and 40; Code of Civil Procedure (CPC), 1908 - Sections 9, 20 and 80; Evidence Act, 1872 - Sections 5, 45 and 60; Constitution of India - Article 226
AIR1967AP338
their jurisdiction can be said to be excluded.(22) It is contended by Mr. K. Ramachandra Rao, that the Central Excise Act, is a code by itself; that it creates authorities, provides for appeals and revisions and under Section 35, … Does the bar of limitation prescribed by sub-section (2) of Sec. 40 of the Central Excises and Salt Act, 1944, apply to a suit of the nature out of which this appeal arises, viz., a suit for a … is one more aspect of the matter. In Kamala Mills' case, : [1965]57ITR643(SC) , the question was whether Section 20 of the Bombay Sales Tax Act excludes the jurisdiction of Civil Courts in entertaining the suit. At p.
Tag this Judgment! AI Brief & AskKamaraj Spinning Mills Ltd. Vs. Union of India (Uoi) and ors.
Kerala
Mar-23-1983
Customs
Customs Act, 1962 - Sections 12, 25 and 25(1); Customs Tariff Act, 1975 - Sections 2, 3, 3(1), 3(6) and 25; Central Excise Act, 1944; Customs Act, 1878 - Sections 20(2); Finance Act, 1978; Income Tax Act; Finance Act, 1982 - Sections 44; Constitution of India; Central Excise Rules, 1944 - Rule 8(1)
1983LC1462D(Kerala); 1983(14)ELT1751(Ker)
an additional duty equivalent to duty of Excise prescribed under the First Schedule to Central Excises and Salt Act, 1944 is also leviable in terms of Section 3(1) of the Customs Tariff Act. Apart from prescribing rates of … import items, to know which imports are dutiable and by how much reference is to be made to Central Excise Act. This Section adopts, as the rates of additional duty, the very rates of Central Excise leviable like goods … and 1-3-1983 the figures and words 10% ad valorem was substituted by 20% ad valorem, 30% ad valorem and 40% ad valorem respectively. There is
Tag this Judgment! AI Brief & Askitw Singnode India Ltd., Hyd. Vs. Assistant Commissioner of Customs an ...
Andhra Pradesh
Jun-22-2000
Excise
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
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 … Bench, Chennai consequent on the allowing of the above appeal by the CEGAT by its final order dated 20-8-1998 and for certain other reliefs, The prayer in the writ petition reads as follows:'For the reasons stated in
Tag this Judgment! AI Brief & AskThe Union of India (Uoi) and ors. Vs. the Elphinstone Spinning and Wea ...
Mumbai
Jan-20-1978
ExciseCustom
Central Excise Act, 1944 - Sections 3, 7, 8, 9, 9A and 9(1); Central Excise Rules, 1944 - Rules 2, 8(1), 9A, 9A(1), 9A(2), 9A(3), 9A(7), 9A(8) and 9A(9); Provisional collection of Taxes Act, 1931; ;Constitution of India - Article 226; Government of India Act, 1935 - Sections 213; Finance Act, 1968; Finance Act, 1956; Custom Act, 1962 - Sections 3, 12, 12(1), 15 and 25(1); Customs Tariff Act, 1975;Government of India Act, 1935 - Sections 213; Finance Act, 1968; Finance Act, 1956; Custom Act, 1962 - Sections 3, 12, 12(1), 15 and 25(1); Customs Tariff Act, 1975
1978(2)ELT680(Bom)
without payment of excise duty under Item 22B of the First Schedule to the Central Excise and Salt Act, 1944 the goods mentioned in Item 7 of Ex. D and Ex. E to the respondent's petition and further … J.1. This is an appeal filed by the Union of India and the Collector and Assistant Collector of Central Excise against the judgment and order of Rege J. by which he inter alia allowed the writ petition filed … rubberised or plasticised fabrics the cotton, contents of which were less than 20% weight of the articles as so processed from so much of the … said Act and the rules as they stood at the material time. Section 2 is the definition section. Clause (d) of that section defines the
Tag this Judgment! AI Brief & AskO.K. Play (India) Ltd. Vs. Commissioner of Central Excise, Delhi-iii, ...
Supreme Court of India
Feb-03-2005
Excise
Central Excise Act, 1944 - Sections 11A(1) and 35L; Central Excise Tariff Act, 1985 - Sections 20; Tariff Rules - Rule 3
AIR2005SC1023; 2005(98)ECC609; 2005(180)ELT300(SC); JT2005(1)SC648; (2005)2SCC460; [2005] 1 SCR 1086
costs. Excise - Central Excise Act, 1944 - Sections 11A(1), 35L - Central Excise Tariff Act, 1985 - Section 20 - Tariff Rules - Rule 3 - Play Table, Tables, Activity Desks and chairs - Classification under Tariff … in these Civil Appeals filed by the assessee and by the department, respectively, under Section 35L(b) of the Central Excise Act, 1944, is - whether the assessee was right in classifying the following articles under Chapter Heading 95.03 and clearing
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