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N.K.H. Alloys Vs. Commr. of C. Ex., Chandigarh-i

Court : Punjab and Haryana

Subject : Excise

Acts : Central Excise Rules, 1944 - Rule 96ZO anf 96ZO(2); Central Excise Act, 1944 - Sections 35H

Reported in : 2002(79)ECC763; 2002(140)ELT376(P& H)

in the manufacture of steel ingots and billets. It has filed this petition under Section 35H(1) of the Central Excise Act, 1944 with the prayer that the Tribunal be directed to state the facts and refer the following two questions

Commissioner of Central Excise Vs. M/S. Doaba Steel Rolling Mills

Court : Supreme Court of India

Subject : Excise

Acts : The Central Excise Act 1944 - Sections 35H, 3A, 3; The Annual Capacity Determination Rules 1997 - Rules 2, 3, 4, 5

judgements, in the main reference applications, filed by the Commissioner of Central Excise, under Section 35H of the Central Excise Act, 1944 (for short the Act ), the questions referred by the Customs, Excise and Gold (Control) Appellate Tribunal, as

Commissioner of Central Excise, Ahmedabad-i Vs. Gujarat Medicraft Pvt. ...

Court : Gujarat

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 52A and 57G; Central Excise Act, 1944 - Sections 35H

Reported in : 2001(75)ECC256

J.1. All these applications are filed by the concerned Commissioner of Central Excise under Section 35H of the Central Excise Act, 1944. The question sought to be raised in these applications is - 'whether the gate passes issued prior to

Ms. Flex Engineering Ltd. Vs. Commissoner of Central Excise, U.P.

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Act, 1944 - Section 35H; Central Excise Tariff Act, 1985 ; Central Excise Rules, 1944 - Rule 57A, 57C; Customs Tariff Act, 1975 - Section 3, 4; Central Excises and Salt Act, 1944 - Section 2(f)

By the impugned judgments, rendered in the reference applications filed by the assessee, under Section 35H of the Central Excise Act, 1944 (for short the Act), the questions referred by the Customs, Excise and Gold (Control) Appellate Tribunal, as it

Commissioner of C. Ex., Delhi-ii Vs. Associated Engineering Industries

Court : Punjab and Haryana

Subject : Excise

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

Reported in : 2002(79)ECC154; 2002(139)ELT508(P& H)

passed by the Tribunal. It has approached this Court through the present petition under Section 35H(1) of the Central Excise Act, 1944. It prays that the Tribunal be directed to refer the following two questions of law for the opinion

Commissioner of C. Ex., Delhi-ii Vs. Bharat Foam Udyog (P) Ltd.

Court : Punjab and Haryana

Subject : Excise

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

Reported in : 2002(82)ECC47; 2002(142)ELT546(P& H)

the claim for return of the money'. The Revenue has filed this petition under Section 35H(1) of the Central Excise Act, 1944 with the prayer that the Tribunal be directed to file a statement of the case and refer the

Cce, Commissionerate-i, Chandigarh Vs. Suraj Udyog

Court : Punjab and Haryana

Subject : Excise

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

Reported in : 2002(144)ELT293(P& H)

the Revenue was rejected by the Tribunal. It has now filed this petition under Section 35H(1) of the Central Excise Act, 1944 with the prayer that the Tribunal be directed to refer the following question of law for the opinion

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,

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, 35H and 35H(1); Limitation Act - Sections 5 and 29(2)

Reported in : 2008(161)LC83(SC); 2009(233)ELT294(SC)

the delay of 16 days in filing the Reference Application by the Commissioner under Section 35H(1) of the Central Excise Act, 1944?3. The High Court came to the conclusion, vide its impugned judgment, that it has no power to condone

Commissioner of Central Excise Vs. Bluemax Sport Wear

Court : Delhi

Subject : ExciseCivil

Acts : Central Excise Act, 1944 - Sections 35H

Reported in : 120(2005)DLT429; 2005(82)DRJ584; 2005(103)ECC107; 2005(186)ELT399(Del)

has filed CM No. 1228 seeking condensation of delay in filing an appeal under Section 35H of the Central Excise Act, 1944 (the Act). CM No. 1229/2005 is an application seeking condensation of delay in re-filing the appeal after removal