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Kvr Forgings Limited Vs. Commissioner of Central Excise

Court : Andhra Pradesh

Subject : ExciseCivil

Acts : Central Excise Act, 1944 - Sections 35-H; Central Excise Rules, 1944 - Rule 218 (1); A. P. Court Fees and Suits Valuation Act, 1956 - Sections 69

Reported in : 2001(3)ALD528; 2001(3)ALT628; 2001(132)ELT588(AP)

the A.P Court fees and Suits Valuation Act, but it is in terms of Section 35-H of the Central Excise Act, 1944 read with Rule 218(1) of the Central Excise Rules and Form EA 6.3. Sub-section (1) of Section 35-H

Chhattisgarh State Electricity Board Vs. Central Electricity Regulator ...

Court : Supreme Court of India

Subject : ElectricityLimitation

Acts : Limitation Act, 1963 - Sections 5 and 29(2); ;Electricity Act, 2003 - Sections 110, 111, 111(1), 111(2), 111(5), 125, 126, 127 and 145; ;Madhya Pradesh Reorganization Act, 2000 - Section 58; ;Contract Act, 1872 - Sections 3, 4 to 24 and 25; ;Indian Easements Act, 1882 - Sections 2, 25 and 26; ;Indian Electricity Act, 1910; ;Electricity (Supply) Act, 1948; ;Electricity Regulatory Commissions Act, 1998; ;Representation of the People Act, 1951; ;Arbitration and Conciliation Act, 1996 - Sections 17, 34 and 34(3); ;Arbitration Act, 1940; ;Central Excise Act, 1944 - Sections 35, 35(1), 35A(5), 35B, 35E(3), 35E(4), 35EE, 35G and 35H; ;Kerala Rent Control Act - Section 18; ;Land Acquisition Act, 1894 - Sections 12(2) and 18; ;Uttar Pradesh Motor Vehicle Taxation Act - Section 15; ;Indian Income Ta

Limitation Act.(emphasis supplied)14. In Singh Enterprises v. C.C.E., Jamshedpur and Ors. (supra), the Court interpreted Section 35 of Central Excise Act, 1944, which is pari materia to Section 125 of the Electricity Act and observed:The Commissioner of Central Excise (Appeals)

Bharat Refractories Ltd. Vs. Collector of Central Excise, Patna and an ...

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35(1)

Reported in : 1997(91)ELT250(SC); (1997)10SCC250

merits treating the appeal to filed in time. Excise - condonation of delay - Section 35 (1) of Central Excise Act, 1944 - appeal filed under Section 35 on 07.01.1982 against order contained in letter 23.11.1981 read with letter dated

D.R. Industries Ltd. and anr. Vs. Union of India (Uoi) and 3 ors.

Court : Gujarat

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11AB, 11AC, 35, 35(1), 35B(1), 35B(5), 35A(4A) and 35E(3); Excise Act, 1980; Finance Act, 1980; Finance Act, 2001; Limitation Act, 1963 - Sections 4 to 24 and 29(2); Finance Act, 2007; Central Excise Rules, 1944 - Rule 173Q(1); Andhra Pradesh Administrative Tribunal (Procedure) Rules, 1989 - Rule 17 and 17(2); Constitution of India - Articles 14 and 226

Reported in : 2008(127)ECC61; 2008(153)LC61(Gujarat); 2008(229)ELT24(Guj)

All these petitions challenge the constitutional validity of the proviso to Sub-section (1) of Section 35 of the Central Excise Act, 1944 ('the Act' for short) in so far as it provides that the power of the Commissioner (Appeals) to

Gadagotlu Sitaramaiah Vs. Collector of Central Excise, Hyderabad

Court : Andhra Pradesh

Subject : ExciseCustoms

Acts : Central Excise Act, 1944 - Sections 12, 35, 37, 37(1) and 37(2); Central Excise Rules, 1944 - Rule 215; Sea Customs Act - Sections 189

Reported in : 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 … and Section 189 of the Sea Customs Act it would be necessary to notice a few statutory provisions.7. Section 35 of the Central Excise Act which confers a right of appeal against the orders made under the Act

Singh Enterprises Vs. Commissioner of Central Excise, Jamshedpur and o ...

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35 and 35(1); Limitation Act, 1963 - Sections 5; Constitution of India - Article 226

Reported in : 2008(1)CTC707; 2008(124)ECC1; 2008(150)LC1(SC); 2008(221)ELT163(SC); 2007(14)SCALE610; (2008)3SCC70; (2008)12VST542(SC); 2008AIRSCW1461

be no order as to costs. Excise - Limitation - Condonation of delay - Section 35 of the Central Excise Act, 1944 - Section 5 of the Indian Limitation Act, 1963 - Commissioner had dismissed the appeal on the ground that it

Commissioner of Customs and Central Excise Vs. Hongo India (P) Ltd. an ...

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35, 35(1), 35B, 35B(5), 35C, 35C(1), 35EE, 35EE(1), 35EE(2), 35G, 35G(2), 35H and 35H(1); Limitation Act, 1963 - Sections 3, 4 to 24, 29, 29(2) and 29(3); Indian Contract Act, 1872 - Sections 25; Arbitration and Conciliation Act, 1996 - Sections 34; Arbitration Act, 1940 - Sections 16 and 30; Land Acquisition Act, 1894 - Sections 26 and 54; Kerala Private Forests (Vesting and Assignment) Act, 1971; Code of Civil Procedure (CPC) , 1908 - Sections 110 - Orders 21 and 45; Constitution of India - Articles 214 and 215; ;

Reported in : (2009)223CTR(SC)225; 2009(236)ELT417(SC); [2009]315ITR449(SC); JT2009(7)SC83; 2009(4)SCALE374; [2009]21STT90; 2009(3)LC1555(SC); (2009)24VST298(SC); 2009(5)SCC791;

has power to condone the delay in presentation of the reference application under unamended Section 35H(1) of the Central Excise Act, 1944 (hereinafter referred to as 'the Act') beyond the prescribed period by applying Section 5 of the Limitation Act, … dismissed the reference application as barred by limitation.4. Chapter VI-A of the Act deals with Appeals. As per Section 35, any person aggrieved by any decision or order passed by a Central Excise Officer may file an appeal

Associated Pigments Limited Vs. Collector of Central Excise and ors.

Court : Kolkata

Subject : Excise

Acts : Finance Act, 1975; ;Central Excise Act, 1944 - Sections 11B, 11B(1) and 35; ;Constitution of India - Article 226; ;Central Excise Rules, 1944 - Rules 8(1) and 11

Reported in : 1986(9)ECC18,1983(13)ELT876(Cal)

into suboxide and lead monoxide. The Appellate Collector of Central Excise had dismissed the petitioner's appeal preferred under Section 35 of the Central Excises and Salt Act, 1944.9. The petitioner in paragraph 16 of the Writ Petition filed … 1975 issued by the Government of India in exercise of the powers conferred by Rule 8(1) of the Central Excise Rules, 1944.2. The Finance Act, 1975 had inserted in the First Schedule of the Central Excises and Salt

Jepika Paints and anr. Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35; Trade and Merchandise Marks Act, 1958 - Sections 2, 37, 44, 44(1) and 56(1)

Reported in : 2008(125)ECC224; 2008(151)LC224(MP)

J.1. This appeal has been filed by the Assessee Appellants under the provisions of Section 35(g) of the Central Excise Act, 1944.The appeal has been admitted on the questions formulated in Order dated, 22nd September, 2005 which read as follows:(i)

Mahindra Re-rolls Industries and Another Vs. Union of India and Others

Court : Mumbai

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 9B, 173B, 173B(5) and 173CC; Central Excise Act, 1944 - Sections 4(1), 11A, 35, 35A, 35A(2), 35A(3), 35A(4) and 36(2); Customs Tariff Act, 1975

Reported in : 1990(25)ECC296; 1988(33)ELT684(Bom)

Rules, 1944, Sections 4 (1), 11A, 35, 35A, 35A (2), 35A (3), 35A (4) and 36 (2) of Central Excise Act, 1944 and Customs Tariff Act, 1975 - petitioners engaged in manufacture of iron and steel products - writ petition … Hoops' falling under Tariff Item No. 26AA(ii). I, therefore, in exercise of the powers vested in me under Section 35(A)(2) of the Central Excises & Salt Act, 1944, propose to set aside the order of the Assistant Collector,