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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 … be disposed off by the Appellate Tribunal as if it were an appeal.11. Apart from this jurisdiction under Section 35EA there is a suo motto power of revision conferred on the Board or the Commissioner as the case

Cce Vs. Piramal Spg. and Wvg. Mills Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : MRTP

Reported in : (2001)(95)LC361Tri(Mum.)bai

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

Wigman Electrical Eng. Ind. P. Ltd. Vs. Union of India

Court : Gujarat

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 7, 9, 14B and 225; Central Excise Act, 1944 - Sections 2, 3, 5A, 11B, 11B(1), 11B(4), 11B(5), 29, 35, 35A, 35B, 35G, 35H, 35L, 35EA and 35EE

Reported in : 1992(61)ELT447(Guj); (1991)2GLR1081

& 4810/89 is discharged with no order as to costs. Excise - ultra vires - Section 11B of Central Excise Act, 1944 and Articles 14 and 265 of Constitution of India - whether Section 11B ultra vires to Articles 14 … Tribunal if the person is aggrieved by the order passed by the Collector in appeals under Section 35A. Section 35EA authorises the Central Board of Excise and Customs or the Collector to exercise the powers which are ordinarily

Unipal Plastic Industry Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Excise

Reported in : (1990)(30)LC441Tri(Mum.)bai

1. This is an appeal directed against the order of the Collector of Central Excise, Baroda bearing No. 3/83 dated 10/6/83, passed by him in exercise of powers conferred on him under Section … by him in exercise of powers conferred on him under Section 35(A) of the Central Excises & Salt Act, 1944.2. The brief facts necessary for the disposal of the appeal can be stated as below: The appellants are … extra ordinary circumstances and not in such cases. He also contended that as per Sub-section 3 (b) of Section 35EA of the aforesaid Act, no order levying or enhancing the duty shall be made unless the person affected

Kashiram Textile Mills (P) Ltd. Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Excise

Reported in : (1997)(91)ELT396Tri(Mum.)bai

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

Procter and Gamble India Ltd. Vs. Union of India

Court : Andhra Pradesh

Subject : Excise

Acts : Constitution of India - Article 226; Central Excise Tariff Act, 1985; Companies Act

Reported in : 1994(46)ECC166; 1994(69)ELT442(AP)

Matched in: Advocate Ashok Desai, Adv. for ;C.R. Sridharan, Adv. P. Innayya Reddy, Senior Standing Counsel for the Central Government

The Commissioner of Central Vs. Ajit India (Hyderabad) Pvt. Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Service Tax

Reported in : (2006)(108)ECC302

authority in rank, to file an appeal with this forum. The relevant statutory provision, Section 35E(2) of the Central Excise Act, 1944 is extracted hereunder: (2) The [Commissioner of Central Excise] may, of his own motion, call for and examine … (Appeals) to determine whether the order is (1) correct (2) legal or (3) proper in terms of Section 35EA(2) of the Act. The law required the Commissioner (Appeals) to hear such application made by the adjudicating authority

The Commissioner of Customs and Vs. Apseb (Ap-epdcl)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Excise

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