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Gtc Industries Limited, Bombay and Another Vs. Union of India and Anot ...
Mumbai
Nov-04-1987
Excise
Central Excise Act, 1944 - Sections 38; Central Excise Rules, 1944 - Rule 8 and 8(1)
1988(1)BomCR256; 1988(15)ECC56; 1988(33)ELT83(Bom)
as incurred. Rule in the above terms made absolute. Excise - rescission of exemption - Section 38 of Central Excise Act, 1944 and Rules 8 and 8 (1) of Central Excise Rules, 1944 - demand of excise duty pursuant to
Tag this Judgment! AI Brief & AskSomeswara Cements and Chemicals Ltd. Vs. Union of India
Andhra Pradesh
Sep-13-1991
Excise
Central Excise Rules, 1944 - Rules 8, 8(1), 38 and 38(2); ;Central Excise Act, 1944 - Sections 5A, 5A(1), 11C, 38, 38(1) and 38(2)
1992(57)ELT593(AP)
Matched in: Advocate K. Srinivasa Murthy, Adv. I. Koty Reddy, S.C. for the Central Govt.
Tag this Judgment! AI Brief & AskAndhra Pradesh Paper Mills Ltd. Vs. Assistant Collector of Central Exc ...
Andhra Pradesh
Oct-09-1979
Excise
Central Excise Rules, 1944 - Rules 8, 8(1), 173C and 233; Central Excise Act, 1944 - Sections 3, 4, 4(4), 37, 37(2) and 38
1980(6)ELT210(AP)
233 of Central Excise Rules, 1944 and Sections 3, 4, 4 (4), 37, 37 (2) and 38 of Central Excise Act, 1944 - notification giving benefit of exemption to manufacturers of papers in respect of payment of excise duty - … of duty'. Rule 8 of the Central Excise Rules is a part of the Act by virtue of Section 38 of the Central Excise and Salt Act, 1944............' 15. I am unable to see the relevance of the
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Collector of Central Excise Vs. New Tobacco Co. Etc. Etc. Overruled
Supreme Court of India
Jan-09-1998
Excise
Central Excise and Salt Act, 1944 -- Sections 11B, 35L and 38; Central Excise Rules, -- Rule 8; ;Defence of Indian Rules, - Rule 119 ;
1998IAD(SC)301; AIR1998SC668; 1998(97)ELT388(SC); JT1998(1)SC66; (1998)IIMLJ2(SC); 1998(1)SCALE58; (1998)8SCC250; [1998]1SCR63; [1998]109STC376(SC)
of India, : 1988(33)ELT83(Bom) held that publication as contemplated by Section 38 of the Central Excise and Salt Act, 1944 and Rule 8 of the Central Excise Rules, cannot be equated with mere printing and it is the … refund shall be determined by the Assistant Collector of Central Excise in accordance with Section 11B of the Central Excise Act.Civil Appeal Nos, 4513-4514 of 1992 are dismissed.16. Civil Appeals Nos, 1658-61 of 1994 and Civil Appeals Nos. 7719-21
Tag this Judgment! AI Brief & AskEngineering Systems (P) Ltd. Vs. Union of India
Karnataka
Nov-29-1990
Excise
Central Excises Act, 1944 - Sections 33 and 35F; Central Excises Rules, 1944 - Rules 4 and 5
1991(33)ECC160; 1992(57)ELT12(Kar)
Matched in: Advocate Shri G. Chander Kumar, Sr. Standing Counsel, ;Shri S.R. Shivaprakash and ;Shri R. Narayana, Advs. Shri Shylendra Kumar, Central Govt. Standing Counsel
Tag this Judgment! AI Brief & AskSaurashtra Cement and Chemical Industries Ltd. Vs. U.O.i.
Gujarat
Dec-12-1990
Excise
Central Excise Rules, 1944 - Rules 10 and 57-I; Central Excise Act, 1944 - Sections 3, 4, 4(1), 4(4), 6, 11A, 12, 37, 37(1), 37(5) and 38
1991(55)ELT467(Guj)
Sections 3, 4, 4 (1), 4 (4), 6, 11A, 12, 37, 37 (1), 37 (5) and 38 of Central Excise Act, 1944 - Assistant Collector's demand for recovery of differential duty challenged - price list submitted was incorrect as it … the Act also provides for making rules for for imposing penalty as stated in the said sub-section. Under Section 38 all rules made and notifications issued under the Act are required to be published in the Official Gazette.
Tag this Judgment! AI Brief & AskVaibhav Laminates Vs. Deputy Commercial Tax Officer Iv
Andhra Pradesh
Nov-03-2004
Sales Tax/VAT
Andhra Pradesh General Sales Tax Act, 1957 - Sections 28A, 28A(1), 28A(2), 29, 29(6B) and 38; Central Sales Tax Act, 1956 - Sections 69; Central Excises Act, 1944; Andhra Pradesh General Sales Tax Rules, 1957 - Rules 46 and 47
(2008)11VST887(AP)
basic excise duty as well as the cess levied under the provisions of the Central Excises and Salt Act, 1944. The respondent, on July 26, 2004, issued a notice to the petitioner requesting him to quote the price/value … petitioner had sold the goods in Andhra Pradesh, but the goods were detained while they were in transit. Section 38 of the State Act clearly prohibits the applicability of the provisions of the State Act to inter-State purchases
Tag this Judgment! AI Brief & AskCommercial Tax Officer and ors. Vs. Swastik Roadways and anr.
Supreme Court of India
Feb-13-2004
ConstitutionCommercial
Constitution of India; Madhya Pradesh Commercial Tax Act, 1994 - Sections 2, 5, 6, 9, 27, 28, 29, 57, 57(1), 57(2), 57(1)(2), 58, 58(1) and 59; Madhya Pradesh Commercial Tax Rules - Rules 57 and 75; Rajasthan Sales Tax Act - Sections 78, 78(2) and 78(5); Madras General Sales Tax Act, 1959 - Sections 42, 42(1), 42(2) and 42(3); Central Excise Act, 1944 - Sections 4(1); Tripura Sales Tax Act; ;Haryana General Sales Tax Act - Sections 38, 38(1), 38(2) and 38(3)
JT2004(2)SC396; 2004(2)SCALE453; (2004)3SCC640; [2004]135STC1(SC)
in respect of transactions effected by the assessee to or through 'a related person' was introduced in the Central Excise Act 1944. The said new Section 4(1)(a) provided that 'value' shall be deemed to be the normal price and the … Sant Lal (supra). We do not find any merit in this argument. In Sant Lal's case, provisions of Section 38 of Haryana General Sales Tax 19 were challenged. Under Section 38(2) every clearing and forwarding agent was required
Tag this Judgment! AI Brief & AskBhikajee Dadabhai and Company Vs. Commissioner of Income Tax
Andhra Pradesh
Oct-04-1956
Direct Taxation
Finance Act, 1950 - Sections 13(1); Indian Income-Tax Act, 1922 - Sections 66(1), 45 and 46; Hyderabad Income-tax Act - Sections 35(3), 40, 40(1), 40(4), 57 and 58; ;Hyderabad General Clauses Act; General Clauses Act, 1897; Sea Customs Act, 1878; Land Customs Act, 1924; Central Excises Act, 1944; Indian Post Office Act, 1898; ;Administration of Evacuee Property Act, 1950 - Sections 7, 16, 19 and 38; Constitution of India - Article 227
[1958]33ITR760(AP)
Customs Act, 1924, (3) the Indian Tariff Act, 1934, (4) the Central Excises and Salt Act, 1944, and (5) the Indian Post Office Act, 1898, … (2) the Land Customs Act, 1924, (3) the Indian Tariff Act, 1934, (4) the Central Excises and Salt Act, 1944, and (5) the Indian Post Office Act, 1898, which were extended to the whole of India, except for … Property Act which gave a person aggrieved by an order under section 7, section 16, section 19 or section 38 a right of appeal to the Custodian and the Custodian General observed at page 704 as follows :'Like
Tag this Judgment! AI Brief & AskMadras Rubber Factory Ltd. Vs. Assistant Collector of Central Excise, ...
Chennai
Jan-12-1981
Excise
Constitution of India - Article 226; Customs Act, 1962 - Sections 27; Central Excise Rules, 1944 - Rules 2, 8, 10, 10(1), 11, 12 and 173J; Central Excise Act, 1944 - Sections 3, 4, 35, 35A, 36(2), 37 and 38
1981(8)ELT565(Mad)
173J of Central Excise Rules, 1944 and Sections 3, 4, 35, 35A, 36 (2), 37 and 38 of Central Excise Act, 1944 - petition filed for issue of writ of prohibition to restrain respondent from taking any further proceedings in … the Director, Consolidation of Holdings, cannot review his previous order of dismissing the application of the petitioner under Section 42 of the Act. Hence, the subsequent review order of the director is ultra vires and without jurisdiction.
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