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The Indian Hume Pipe Co. Ltd. and ors. Vs. the Assistant Collector, Ce ...

Court : Punjab and Haryana

Subject : Criminal

Acts : Central Excises Act, 1944 - Sections 4, 9, 9AA and 9(1); Central Excise Tariff Act, 1985; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 216, 218, 219, 220 and 482; General Clauses Act, 1897 - Sections 3(38); Central Excise Rules, 1944 - Rules 9(1), 52A, 53, 173F, 173G and 226; Constitution of India - Article 20

Reported in : 1992CriLJ3187; 1992(40)ECC343

the quashment of the complaint Annexure PI for offence under Section 9 of the Central Excises and Salt Act, 1944 pending in the court of Chief Judicial Magistrate, Chandigarh.2. The brief resume of facts figuring in the complaint … unit alone--Ptiina facie Managing Director's connivance could be presumed--Complaint cannot be quashed under Section 482, Cr.P.C.--Section 9-AA of Central Excise Act coming into operation only on 27.12,1985--Complaint in respect of acts committed prior to 27.12.1985 liable to be quashed--Accused

Orissa Cement Ltd. and anr. and Vs. Union of India (Uoi) and ors.

Court : Orissa

Subject : Excise

Acts : Central Excises Act, 1944 - Sections 2; Central Excise Tariff Act, 1985; Central Excise Rules, 1944 - Rules 9(1), 49, 52A, 173B, 173C and 173G

Reported in : 1995(51)ECC90; 1995(80)ELT255(Ori); 1995(II)OLR318

Matched in: Advocate G. Rath and A. Parija A.B. Mishra, Sr. Standing Counsel (Central)

O.K. Play (India) Ltd. Vs. Commissioner of Central Excise-ii, New Delh ...

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2, 11A, 11A(1), 11A(2), 11A(3) and 35L; Central Excise Rules, 1944 - Rules 9, 9(2) and 173G; Central Excise Tariff Act, 1985; Central Excise (Valuation) Rules, 1975 - Rule 6; Finance Act, 2000 - Sections 97, 97B and 110

Reported in : AIR2005SC1031; 2005(98)ECC633; 2005(180)ELT291(SC); JT2005(2)SC208; (2005)2SCC555

J.1. The short question which arises for determination in these civil appeals filed under Section 35L(b) of the Central Excise Act, 1944 is - whether powdering of Low Density Polyethylene (LDPE) and High Density Polyethylene (HDPE) granules into moulding powder … resulting in escapement of duty from assessment. Consequently, the department issued the above two show-cause notices under Rule 9 read with Section 11A of the 1944 Act.4. In reply, the assessee contended that conversion of granules into

Bajaj Tempo Limited Vs. Union of India

Court : Madhya Pradesh

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2 and 11A; Central Excise Law; Constitution of India - Articles 14 and 265; Central Excise Rules, 1944 - Rules 9(2), 52A(5), 173(2) and 226

Reported in : 1996(55)ECC42; 1997(95)ELT212(MP)

Rule 9(2) of the Central Excise Rules, 1944 read with Section 11A of the Central Excises and Salt Act, 1944 and why a penalty under Rules 9(2), 52A(5), 173(2) and 226 of the Central Excise Rules, 1944 be … Connected Writ Petitions particularised as M.P. No. 1350/88 (National Steel Industries ltd. v. The Collector of Customs and Central Excise and Ors.) M.P. No. 1101 /88 (Indore Steel and Iron Mills Ltd. v. Union of India and Ors.),

Mohammad Umar Vs. State

Court : Madhya Pradesh

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 458, 468 and 471; Central Excise Act, 1944 - Sections 9

Reported in : 1986(9)ECC223; 1986(26)ELT724(MP)

identical.2. The petitioner was prosecuted for offences under Section 468 and 471 I.P.C. as also Section 9 of Central Excise Act, 1944. According to the prosecution, the petitioner was a licensee for carrying business in tobacco from 1957 to 1962.

The Collector of Central Excise, Patna Vs. Tata Engineering and Locomo ...

Court : Supreme Court of India

Subject : Excise Commercial

Acts : Industries (Development and Regulation) Act, 1951 - Sections 9(1) - Rules 2 and 3; Central Excise Act, 1944

Reported in : AIR1997SC2521; 1998(2)BLJR1563; 1998(59)ECC12; 1997(92)ELT303(SC); JT1997(9)SC110; (1997)5SCC275; [1997]Supp1SCR229

shall have the meaning respectively assigned to them in the Act or the Rules.Rule 3. - Application of Central Excise and Salt Act and the Rules made thereunder : Save as otherwise provided in these Rules, the provisions … Act; (f) Words and expression used herein and not defined but defined in the Central Excises and Salt Act, 1944 (1 of 1944) or the rules made thereunder, shall have the meaning respectively assigned to them in the … judgment and order of the Customs, Excise and Gold (Control) Appellate Tribunal. The appeals involve the interpretation of Section 9 of the Industries (Development and Regulation) Act, 1951, the notification dated 28th December, 1983, issued thereunder and Rules

Metal Forgings Pvt. Ltd. and ors. Vs. Superintendent (Preventive), Cen ...

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Central Excise Act, 1944 - Sections 9; Indian Penal Code (IPC) - Sections 120B, 192 and 193

Reported in : 2008(225)ELT32(Del)

482 of the Code of Criminal Procedure, 1973 prays for quashing the complaint under Section 9 of the Central Excise Act, 1944 read with Sections 193, 192 and 120B of the IPC and the proceedings emanating out of the said

Savita Chemicals Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Excise

Reported in : (1999)LC845Tri(Mum.)bai

demanded. He imposed a penalty of Rs. 31,11/015/- on M/s. Savita Chemicals Ltd. under Section 11 AC of Central Excise Act, 1944. He also imposed a separate penalty under Rule 173Q of Rs. 70,00,000/- on M/s. Savita Chemicals Ltd. and … which the oil packed in smaller containers was sold from the depot. Differential duty totally amounting to Rs. 99,82,967/- was demanded. Allegations as to penalty were made vide show cause notice dated 6-6-1997. It was alleged that

Roadmaster Foods Ltd. Vs. Cce, Chandigarh and anr.

Court : Punjab and Haryana

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 6, 23(1) and (3), 24 and 35F; Constitution of India - Article 226; Central Excise Rules, 1944 - Rules, 9(1), 52A, 53, 173B, 173C, 173F, 173G and 226

Reported in : 1999(63)ECC22; 1999(105)ELT27(P& H); (1999)121PLR783

Excises and Salt Act, 1944 and Rules 9(1), 52-A, 53, 173B, 173-C, 173-F, 173-G and 226 of the Central Excise Rules, 1944, inasmuch as it has manufactured and clandestinely removed the steel structures which are classifiable under S.H. … Certiorari quashing show cause notice, Annexure P-4, whereby petitioner was told that it has contravened the provisions of Section 6 of the Central Excises and Salt Act, 1944 and Rules 9(1), 52-A, 53, 173B, 173-C, 173-F, 173-G

Swam Mills Ltd., a Company Incorporated Under the Companies Act, 1956 ... Overruled

Court : Mumbai

Subject : Excise

Acts : Finance Act, 1998 - Section 89; Central Excise Act, 1944 - Section 11AA; Customs Act, 1962 - Section 142; Income Tax Act - Section 246, Income Tax Act - Section 245D(4), Income Tax Act - Section 260A, Income Tax Act - Section 264; Wealth Tax Act - Section 22D(4); Foreign Exchange Regulation Act, 1973 ;Narcotic Drugs and Psychotropic Substances Act, 1985; ; Terrorists and Disruptive Activities (Prevention) Act, 1987; ; Prevention of Corruption Act, 1988 ;Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 8, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 9, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 9(2), Conservation of Foreign Exchange and Prevention of Smu

dated 3rd November, 2004 asked the petitioners to pay the interest of Rs. 11,58,647/-under Section 11AA of the Central Excise Act, 1944 for delayed payment of duty. By subsequent letter dated 22nd November, the petitioners were again called upon to … 1974 (52 of 1974):Provided that (a) such order of detention, being an order to which the provisions of Section 9 or Section 12A of the said Act do not apply, has not been revoked on the report of