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Collector of Central Excise, Ahmedabad Vs. Pioma Industries and Imperi ...
Supreme Court of India
Jan-24-1997
ExciseLimitation
Central Excise Act, 1944 - Sections 35A(5)
1997(91)ELT527(SC); (1997)10SCC400
observations.4. The appeal is allowed accordingly. Excise - limitation period - Section 35A (5) and 35B (3) of Central Excise Act, 1944 -appeal against Order passed by Tribunal rejecting application for condonation of delay in filing appeal before it -
Tag this Judgment! AI Brief & AskThe Commissioner of Central Excise Vs. Godrej and Boyce Mfg. Co. Ltd.
Mumbai
Dec-17-2008
Excise
Central Excise Act, 1944 - Sections 2, 11AB, 11AC, 35, 35A, 35B, 35B(1), 35B(3), 35B(4), 35C, 35C(4), 35E, 35E(1), 35E(2), 35EA, 35EE and 35EE(2); Customs Act - Sections 127; Customs and Excise Revenues Appellate Tribunal Act, 1986 - Sections 3; Income Tax Act, 1961 - Sections 143(3), 257, 263, 263(1) and 264(4); Finance Act, 1988; Finance Act, 1989; Constitution of India - Article 136; Central Excise Rules - Rules 173, 173Q, 178(4) and 209A
2009(111)BomLR408; 2009BusLR130(Bom); 2008(161)LC92(Bombay); 2009(233)ELT446(Bom); [2009]19STT492
filed by the Revenue the issue involved was whether interest could be levied under Section 11AB of the Central Excise Act, 1944.6. In Central Excise Appeal No. 262 of 2006 the question of law as framed is as under:Whether the … mean, the Customs, excise and Service Tax Appellate Tribunal constituted under Section 127 of the Customs Act. Under Section 35A, the Commissioner (Appeals) at the hearing of the Appeal allow the Appellant to go into any ground of
Tag this Judgment! AI Brief & AskGodrej and Boyce Manufacturing Co. Pvt. Ltd. and anr. Vs. Union of Ind ...
Mumbai
Aug-30-1984
Excise
Central Excise Act, 1944 - Sections 4, 4(1), 4(4), 11A, 11A(3), 35, 35(2), 35A and 36; Central Excise Rules - Rules 56A and 173C; Constitution of India - Article 226
1984(3)ECC263; 1984(18)ELT172(Bom)
refrigerators. These refrigerators are classified under Item 29A of the First Schedule to the Central Excises and Salt Act, 1944 for the purpose of payment of excise duty. The refrigerators manufactured by the petitioners are sold by them … the wholesale price for the calculation of excise duty payable on the refrigerators.5. Under Rule 173-C of the Central Excise Rules the petitioners filed a price list dated 20th October 1977. For arriving at the assessable value of … October 1977. For arriving at the assessable value of the refrigerators Under Section 4 of the Central Excises and Salt Act, 1944, the petitioners did … in the exercise of any powers of review and/or revision Under Sections 35A or 36 of the said Act, as then in force. They are
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D.C.W. Ltd. Vs. Union of India
Chennai
Feb-21-1991
Excise
Central Excise Act, 1944 - Sections 2, 3 and 35A; Central Excise Tariff Act, 1985
1991(56)ELT310(Mad)
Matched in: Advocate Mr. P.S. Raman, Adv. Mr. A.S. Venkatachala Moorthy, Addl. Central Government Standing Counsel
Tag this Judgment! AI Brief & AskHindustan Lever Limited Represented by Its Legal Manager T.S. Venkates ...
Chennai
May-23-2006
Constitution
Central Excise Act, 1944 - Sections 35A, 35B and 35F; Customs Tariff Act, 1975; Constitution of India - Article 226
2006(202)ELT591(Mad)
the appellant/petitioner herein.(ii) In the said appeal, the petitioner filed a stay application under Section 35F of the Central Excise Act, 1944 (hereinafter referred to as the Act) seeking stay and to dispense with the requirement of pre-deposit of duty. … appeal under Section 35B(1)(b) lies to the Tribunal against an order passed by the Commissioner of Appeals under Section 35A. But the impugned order is not an order passed under Section 35A, but is an order passed under
Tag this Judgment! AI Brief & AskThe Indian Card Clothing Co. Ltd. Vs. Union of India
Mumbai
Sep-13-1990
Excise
Central Excise Act, 1944 - Sections 35A
1991LC73(Bombay); 1991(53)ELT301(Bom)
of the case, there will be no order as to costs. Excise - classification - Section 35A of Central Excise Act, 1944 - issue regarding classification of foundation cloth manufactured by petitioner - Collector classifies it as falling under Item
Tag this Judgment! AI Brief & Askitc Limited Vs. Commissioner of Central Excise (A)
Chennai
Feb-21-2000
Excise
Central Excise Act, 1944 - Sections 35A, 35A(1), 35F, 37B, 220(6), 254 and 255(5); Customs Act, 1962 - Sections 128A and 129E; Constitution of India - Articles 14, 19(1), 32, 226 and 265; Imports and Exports (Control) Act, 1947 - Sections 4M, 4M(1) and 4M(2); Central Boards of Revenue Act, 1963; Delhi Municipal Corporation Act, 1957; Mines and Minerals Act; Administrative Law; Central Excise Rules - Rule 213
2001(127)ELT338(Mad)
dated 30-3-1999 passed by the first respondent as ultra vires of Sections 35A, 35F and 37B of the Central Excise Act, 1944 and Sections 128-A and 129-E of the Customs Act, 1962 and Articles 14, 19(1)(g) and 265 of the … does not always means personal hearing.18. The contention raised by the writ petitioners and the construction placed on Section 35A and 35F of the Central Excise Act and the said provisions are to be read together or read
Tag this Judgment! AI Brief & AskDuncan Agro Industries Ltd. Vs. J. Banerjee
Kolkata
Mar-16-1984
Excise
Central Excise Act, 1944 - Sections 4, 11B and 35A; ;Constitution of India - Article 226; ;Central Excise Rules, 1944 - Rules 2(11), 10, 11 and 173J
1984(2)ECC241,1987(30)ELT231(Cal)
Excise and Customs (hereinafter referred to as the Board) under Section 35A of the Central Excises and Salt Act, 1944 (hereinafter referred to as the said Act). During the pendency of the present proceeding, the said National Tobacco … 19, 1973), the petitioner used to carry on business, inter alia, of manufacture of cigarettes and/or smoking mixtures. Central Excise duty under the said Act on the manufacture of cigarettes/smoking mixtures was leviable ad valorem.3. It is the
Tag this Judgment! AI Brief & AskVirendra Lime Company Vs. Union of India (Uoi) and ors.
Rajasthan
Nov-07-1983
ConstitutionExcise
Central Excise Act, 1944 - Sections 23(1), 23(3), 24, 35, 35A, 35B, 35C and 35G; ;Orissa Sales Tax Act; Constitution of India - Article 226
1984(3)ECC351; 1985(22)ELT690(Raj)
view that the Assistant Collector while deciding the matter as a statutory authority under the provisions of the Central Excise Act is not bound by administrative instructions or trade notice and is free to decide the matter in a … items were covered under Tariff Item No. 23 of the First Schedule to the Central Excises and Salt Act, 1944. In the above letter, it was mentioned requesting the petitioners to file the classification list within two days … appeal against an order of the Assistant Collector is provided to the Collector (Appeals) under Section 35. Under Section 35A the Collector (Appeals) is required to decide the appeal after giving an opportunity of hearing to the appellant.
Tag this Judgment! AI Brief & AskPatel Prabhudas Purshottamdas Vs. Union of India and Others
Mumbai
Dec-05-1981
Excise
Central Excise Rules, 1944 - Rule 10; Central Excise Act, 1944 - Sections 4, 11A, 35, 35A, 36 and 36(2)
1982(10)ELT112(Bom)
Rule 10 of Central Excise Rules, 1944 and Sections 4, 11A, 35, 35A, 36 and 36 (2) of Central Excise Act, 1944 - whether post manufacturing charges recovered by petitioners to be included in assessable value of their goods - … the record of any proceeding in which any decision or order has been passed under Section 35 or Section 35A of this Act for the purpose of satisfying itself as to the correctness, legality or propriety of such
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