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Commissionerate Vs. Ankit Metal and Power Ltd. and Ors.

Court : Kolkata

Subject : Education

cause notice was issued. On that occasion the respondent filed applications for settlement under section 32E of the Central Excise Act, 1944 (for short ‘the Act’).Those were considered by the CustoMs.Central Excise Settlement Commission (for short ‘the Commission’) and order … under Section 32F(5) of the Act there is no clear provision for imposition of penalty and moreover under Section 32K of the Act, the power has been given for granting immunity from penalty; (iii) Section 32O refers only

Ashwani Tobacco Co. Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2, 11AB, 11AC, 32A, 32D, 32E, 32F, 32F(1), 32F(5), 32K, 127F and 127F(2); Central Excise Tariff Act, 1985; Central Boards of Revenue Act, 1963; Constitution of India - Articles 226 and 227

Reported in : 2010(173)LC1(Delhi); 2010(251)ELT162(Del)

invoked against the Petitioner. Insofar as imposition of penalty is concerned the SCN invoked Section 11AC of the Central Excise Act, 1944 (hereinafter referred to as .the Excise Act.).(d) The Petitioner, on being served with the aforesaid SCN approached the … or of the discharge of its functions, including the places at which the Benches shall hold their sittings.(h) Section 32K of the Excise Act reads as under:Section 32K: Power of Settlement Commission to grant immunity from prosecution and

Union of India and anr. Vs. Dharampal Satyapal and ors.

Court : Delhi

Subject : Land Acquisition

the said Act and proviso thereto. They are also liable for penal action under Section 11AC of the Central Excise Act, 1944 and are also liable to pay interest as per provisions of section 11 AB of the Central Excise … on the basis of false evidence would make the applicant liable to the consequences thereof in terms of Section 32K (3) of the Act.” 29. So far as the argument of the Revenue that the demand made in

Indian Canvas Industries Vs. Shri Sajan Kumar Agrawal,

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Subject : Excise

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

Seven Seas Petroleum Pltd Vs. Customs Central Excise Settlement

Court : Chennai

Subject : Education

interfered with by this Court is the manner in which the discretion given under Section 32K of the Central Excise Act, 1944, was exercised without properly appreciating the prevailing circumstances under which the petitioner was placed. Therefore, the judgment fully

Baccarose Perfumes And Beauty Products Pvt. Ltd. Vs. Central Bureau Of ...

Court : Supreme Court of India

Subject : Land Acquisition

the Customs Tariff Act, 1975 (hereinafter referred to as “CT Act 1975”) read with Section 4A(2) of the Central Excise Act, 1944 (hereinafter referred to as “CE Act 1944”), and on the said ground, goods being cleared by the Appellant-Company … the Appellant- Company pertained to having been granted immunity by Settlement Commission vide Order dated 20.08.2007 as per Section 32K of the CE Act 1944. A perusal of the powers of the Settlement Commission leads us to equivalent

Eskay Electronics (i) Pvt. Ltd. and ors. Vs. P.K. Khera, Superintenden ...

Court : Delhi

Subject : CriminalExcise

Acts : Central Excise Act, 1944 - Sections 9, 9A and 32K(1); Foreign Exchange Regulation Act, 1973 - Sections 56; Prevention of Corruption Act, 1947 - Sections 5(2); Criminal Procedure , 1973 - Sections 244 and 482; Indian Penal Code (IPC), 1860 - Sections 109, 120B, 161, 192, 193 and 120; Constitution of India - Article 21

Reported in : 2009(244)ELT519(Del)

on 04.09.1989 for violation of the provisions of Section 9 and 9A of the Central Excise & Salt Act, 1944 (hereinafter referred to as the 'CE Act'), and till date, the prosecution has not even completed the pre- … they arise out of the same set of circumstances.2. Crl. M.C. No. 364/2007, which is preferred by the Central Excise Collectorate, New Delhi (hereinafter referred to as the Department), is directed against the order dated 09.10.2006 passed by

Ritam Steel Pvt. Ltd. Vs.uoi & Ors.

Court : Delhi

Subject : Land Acquisition

BHAT, J.(OPEN COURT) % 1. The petitioner’s grievance is that its Settlement Application under Section 32E of the Central Excise Act, 1944 was rejected. Pursuant to search, and subsequent investigation, a Show Cause Notice was issued to the petitioner alleging … both stages - either at the stage of admission [Section 32E]. or later, at the stage of hearing [Section 32K].. The opening phrase in Section 32K(1) is that if the “Settlement Commission may, if it is satisfied…”. If

Commissioner, Central Excise, Customs & Service Tax, Sonepat & ...

Court : Delhi

Subject : Education

period 1st April, 2010 to 15th July, 2012, be not demanded and recovered, under Section 11A(4) of the Central Excise Act, 1944 (hereinafter referred to as ―the Act‖), (ii) interest, on the said amount, be not demanded from them under … dated 2nd September, 2014, granted immunities, to the respondents (i.e. the applicants before the Settlement Commission), under Section 32K(1) of the Act which reads thus: ―32K. Power of Settlement Commission to grant immunity from prosecution and penalty.

Sdl Auto Pvt. Ltd Through Its Director Shri h.s. Banga & Anr. Vs.c ...

Court : Delhi

Subject : Land Acquisition

passed by the Customs and Central Excise Settlement Commissioner ('Settlement Commission' for short) under Section 32-F(5) of the Central Excise Act, 1944 („Act‟ for short).2. The facts in the three writ petitions are different and have been independently noticed and … at which the Benches shall hold their sittings. WP(C) Nos. 7277/2015, 8939/2015 & 10013/2016 Page 13 of 62 Section 32K. Power of Settlement Commission to grant immunity from prosecution and penalty.-. (1) The Settlement Commission may, if it