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The Commissioner of Central Excise Vs. M.M. Thakkar and Sons

Court : Mumbai

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11A, 35E(2) and 35G; Additional Duties of Excise (Goods of Special Importance) Act, 1957; Central Excise Rules, 1994 - Rule 57C and 57I; Central Excise (Appeals) Rules, 2001 - Rule 4

Reported in : 2008(126)ECC5; 2008(152)LC5(Bombay); 2008(221)ELT342(Bom)

Devadhar, J.1. The Commissioner of Central Excise, Mumbai III has filed this appeal under Section 35G of the Central Excise Act, 1944 dated 21/2/2006 in appeal No. E/3382/03-Mum. The appeal is admitted on the following reframed question of law:Whether on … has not recorded satisfaction regarding the legality and propriety of the order appealed against as required under Section 35E(2) of the Central Excise Act, 1944 and, therefore, the Commissioner (A) was justified in dismissing the appeal filed

Commr. of C. Ex. and Cus. Vs. Siddharth Petro Products Ltd.

Court : Gujarat

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35E(1), 35E(2) and 35E(4)

Reported in : 2009(162)LC246(Gujarat); 2009[13]STR18

Central Board of Excise and Customs to file appeal under Section 35E(1) read with Section 35E(4) of the Central Excise Act, 1944, validly authorise the Superintendent (Appeals), Central Excise and Customs to present such appeal to the Appellate Tribunal, and

Collector of Central Excise, Madras Vs. M.M. Rubber and Co., Tamil Nad ...

Court : Supreme Court of India

Subject : ExciseLimitation

Acts : Central Excise Act, 1944 - Sections 35E, 35E(1), 35E(2) and 35E(3)

Reported in : AIR1991SC2141; 1992(37)ECC16; 1991LC305(SC); 1993LC177(SC); 1991(55)ELT289(SC); JT1991(3)SC587; 1991(2)SCALE473; 1992Supp(1)SCC471; [1991]3SCR862; 1991(2)LC658(SC)

as to costs. Excise - bar of limitation - Sections 35E, 35E (1), 35E (2), 35E (3) of Central Excise Act, 1944 - matter pertaining to relevancy of date for purpose of calculation of period of one year under Section

Commissioner of Central Excise and anr. Vs. Indorama Textiles Ltd. and ...

Court : Mumbai

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35E and 35EE; Constitution of India - Articles 226 and 227

Reported in : 2006(5)BomCR914; 2006(204)ELT222(Bom); 2006(4)MhLj366

very much maintainable. It is submitted that the revisional authority exercised revisional power under Section 35E of the Central Excise Act, 1944. It is further contended that the revisional authority is constituted under the provisions of Section 35E of the

Commissioner of Central Excise, New Delhi Vs. Sapna Foam Udyog Ltd.

Court : Supreme Court of India

Subject : Civil Excise

Acts : Central Excise and Salt Act, 1944 - Sections 35E

Reported in : 2005(98)ECC225; 2005(180)ELT46(SC); JT2005(1)SC132; (2005)9SCC215

in this case the Collector had exercised his powers under Section 35E of the Central Excise and Salt Act, 1944 to set aside the Order of the Assistant Collector classifying the goods under Tariff heading 40.08.2. On the … case would be fully covered by the Judgment delivered by us today in the case of Collector of Central Excise, Kanpur v. Matadoor Foam and Ors. (Civil Appeal Nos. 3832-3837 of 1999). It may only be mentioned that

Salora International Ltd. Vs. Commissioner of Central Excise, New Delh ...

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise and Salt Act, 1944 - Sections 35E(2), 2

Thereafter, the Collector of Central Excise, exercising his power under Section 35E(2) of the Central Excise and Salt Act, 1944 vide order dated 18.02.1994 directed the Assistant-Collector to file an appeal before the Collector, Central Excise (Appeals) for … appellant are liable to be taxed as ‘Parts of Television Receivers’ falling under Tariff Entry 8529 of the Central Excise Tariff contained in the First Schedule to the Central Excise Tariff Act, 1985 (in short ‘the Tariff’) or

The Commissioner of Central Excise Vs. Godrej and Boyce Mfg. Co. Ltd.

Court : Mumbai

Subject : Excise

Acts : 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

Reported in : 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 … An order then came to be passed on 7th August, 2001 in exercise of the powers conferred under Section 35E(2) directing that an appeal be preferred against the non-granting of interest as demanded in the show cause notice

Commissioner of Central Excise Vs. Maza Cosmetics

Court : Delhi

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35B(4), 35E(2) and 35E(4)

Reported in : 2007(207)ELT200(Del)

an order which was considered by the Commissioner of Central Excise in terms of Section 35E(2) of the Central Excise Act, 1944. After considering the legality or propriety of the adjudication order, the Commissioner gave a direction to the Deputy

Jai Fibres Ltd. Vs. Commissioner of Central Excise, Mumbai-iii

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Tariff Act; Central Excise Tariff Act, 1985; Central Excises Act, 1944 - Sections 11A, 35E(4), 37B and 373; Central Excises Rule - Rules 10 and 173B; Seventh Schedule of the Constitution of India

Reported in : 2007(123)ECC185; 2007(149)LC185(SC); 2007(218)ELT484(SC); (2008)1SCC434; 2008AIRSCW471

direction of prospective application - Impugned judgment thus not sustainable and accordingly set aside - Appeal allowed - CENTRAL EXCISE ACT, 1944. Section 37-B & Central Excise Tariff Act (5 of 1986), Chapter 39, Heading 39.23, Sub-heading 3923.90: [S.B. Sinha & … Revenue being not satisfied therewith preferred an appeal there against before the Commissioner of Central Excise under Section 35E(4) of the Central Excise and Salt Act, 1944. By a judgment and order dated 30th June, 1999 the

Bajaj Auto Limited Vs. Union of India (Uoi)

Court : Mumbai

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 4, 11A, 11B, 11D, 35E and 35E(2)

Reported in : 2002(5)BomCR207; 2002LC798(Bombay); 2003(151)ELT23(Bom)

no orders as to costs. Excise - refund - Sections 11A, 11B, 11D, 35E and 35E (2) of Central Excise Act, 1944 - dispute between petitioner and department regarding calculation of assessable value was answered in favour of petitioner - … value, the Respondents, in September 1988, on directions from the Collector of Central Excise preferred an application under Section 35E(2) of the ExciseAct, for setting aside the order of refund dated 23-5-1988 and for recovery of the entire