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Sep 30 1983

Central Excise Department Vs. Danfoss (India) Ltd. and anr.

Court : Allahabad

Decided on : Sep-30-1983

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 9(1); Central Excise Rules, 1944 - Rules 9(1), 52A and 173F

Reported in : 1984(2)ECC380; 1984(18)ELT238(All)

no. 2 is their Material Manager. Air Conditioning Machinery is excisable under item No. 29-A, First Schedule of Central Excise Act, 1944. The Assistant Collector, Central Excise, Ghazibad checked the premises of M/s. Danfoss (India) Ltd., Meerut on 27-4-1973 and … September, 1973--Whether section can be applied to offence committed in April, 1973--Central Excises and Salt Act (1 of 1944), Section 9(1)(bb)--Central Excise Rules, 1944, Rules 9(1), 52A, 173F. - - The manufacturer may, with the approval of the

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Nov 15 1988

Utkal Fero Alloys Ltd. Vs. State of Orissa

Court : Orissa

Decided on : Nov-15-1988

Subject : CriminalExcise

Acts : Central Excise Act, 1944 - Sections 9(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 204; Central Excise Rules, 1944 - Rules 9(1), 53, 173B, 173C, 173F and 173G

Reported in : 1989(20)ECC71; 1992(61)ELT600(Ori)

(hereinafter referred to as 'the Act') read with Rules 9(1), 53, 173B, 173C, 173F and 173G of the Central Excise Rules, 1944 (for short 'the Rules') against them.2. The short facts which can be gathered from the prosecution … in order--Not invalid--Reasons need not be stated at stage of taking cognizance--Central Excises And Salt Act (1 of 1944), Section 9(1)(b), (bb)--Central excise Rules, 1944, Rules 9(1), 53, 173B, 173C, 173F, 173G--Code of criminal procedure, 1973 (2 of

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May 07 1997

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

Court : Supreme Court of India

Decided on : May-07-1997

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

Cess Rules, 1984 and Section 4 of Central Excises and Salt Act, 1944 - appeals involved interpretation of Section 9 and Rules 2 and 3 - definition of expression 'value' for specific purpose of Section 9 (1) does not … 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

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Mar 16 2005

Jayantilal Thankkar and Company Vs. Union of India (Uoi)

Court : Mumbai

Decided on : Mar-16-2005

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 9(1); Central Excise Rules - Rule 209A

Reported in : 2005(3)BomCR543; 2006(195)ELT9(Bom); 2005(3)MhLj282; 2007[8]STR312

Daga, J.1. Whether Auditors of the Company could be subjected to the action under section 9(1)(bbb) of the Central Excise and Salt Act, 1944 ('Act') Act read with rule 209A of the Central Excise Rules ('said Rules' for

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May 14 2008

A. Jayagopal S/O. Anand Alwar Vs. the Assistant Commissioner of Centra ...

Court : Chennai

Decided on : May-14-2008

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2, 4, 8, 9(1), 9AA, 11A, 11A(1), 11A(2), 11AB and 11AC; Code of Criminal Procedure (CrPC) - Sections 190 and 482; Central Excise (Valuation) Rules, 1975; Central Excise Rules, 1944 - Rules 9(1), 52A, 53, 57(1), 57(2), 173C, 173G, 173F, 173Q, 174, 209A and 226

Reported in : 2008(129)ECC203; 2008(155)LC203(Madras); 2008(230)ELT212(Mad)

allegations in the complaint, INDAL is the real manufacturer of Aluminium extrusions in terms of Section 2(f) of Central Excise Act 1944 and by suppressing the said fact, INDAL has engaged SMALEX by means of a Memorandum of understanding for … of Rs. 38,32,550/- during the said period and thereby A-1 to A-4 have committed offences covered under Section 9(1)(a), 9(1)(b), 9(1)(bb) and 9(1)(c) of the Central Excise Act 1944 read with Rules 9(1), 52A, 173G, 173 F,

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Aug 16 1985

State Vs. Biswanath Agarwalla and anr.

Court : Orissa

Decided on : Aug-16-1985

Subject : CriminalExcise

Acts : Central Excise Act, 1944 - Sections 2, 3, 9, 9(1) and 14; Central Excise Rules, 1944 - Rules 7, 9, 9(1), 52, 52A and 53

Reported in : 1986(10)ECC10; 1987(27)ELT27(Ori)

Matched in: Advocate Ganeswar Rath and ;Addl. Standing Counsel (Central) K.N. Jena, Adv.

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Apr 18 1985

Union of India (Uoi) Vs. Ram Narayan Sahu and ors.

Court : Kolkata

Decided on : Apr-18-1985

Subject : ExciseCriminal

Acts : Central Excise Act, 1944 - Section 9(1); ;Bengal Excise Act - Section 46; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 249, 251, 256, 378 and 468

Reported in : 1985(6)ECC235,1986(25)ELT148(Cal)

N.G. Chaudhuri, J.1. Union of India represented by the Assistant Collector of Central Excise, Burdwan Division, has come up in appeal under Section 378 of the Code of Criminal Procedure feeling aggrieved … sufficient to observe that the complaint disclosed an offence under Section 9(1)(d)(ii) of the Central Excises and Salt Act, 1944 (vide paragraph 20 of the petition of complaint). Section 9(1)(d)(ii) lays down that whoever commits any offence under … That constitutes the deciding factor.'5. In the aforesaid case the accused was prosecuted under Section 46(a) of the Excise Act prescribing by way of punishment imprisonment for a term exceeding six months in the maximum. But in the

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Oct 15 1983

Garda Chemicals Pvt. Ltd. and Three Others Vs. Shri R. Parthasarthy, A ...

Court : Mumbai

Decided on : Oct-15-1983

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 9(1), 173G(1), 173Q(1), 221 and 225; Central Excise Act, 1944 - Sections 9, 9(1), 9C(1)

Reported in : 1984(2)ECC384; 1984(15)ELT18(Bom); [1984]147ITR412a(Bom)

and was attending the duties in respect of excise. The first Respondent who is the Assistant Collector of Central Excise, Kalyan Division I on 6-2-1980 filed a complaint against the petitioners Nos. 1 to 4 and the second … Class, Kalyan for the offence under Section 9(b), (bb), (bbb) and (c) of the Central Excises and Salt Act, 1944 on the allegations that the petitioners and the Respondent No. 2 who are the accused in that case

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Dec 08 2004

Commissioner of Central Excise, Calcutta Vs. Emkay Investments (P) Ltd ...

Court : Supreme Court of India

Decided on : Dec-08-2004

Subject : ExciseCivil

Acts : Schedule Act, 1985; Central Excise Tariff Act, 1985; Central Excise and Salt Act, 1944 - Sections 4; Central Excise and Salt Rules, 1944 - Rules 9(1), 173B and 173C; Central Excise Rules, 1944 - Rules 52A, 173F, 173G(2) and 226

Reported in : AIR2005SC261; 2005(1)CTC146; 2004(97)ECC537; 2004(174)ELT298(SC); JT2004(10)SC377; 2004(10)SCALE269; (2005)1SCC526

contravened the provisions of Rules 9(1), 173B, 173C read with Section 4 of the Central Excise and Salt Act, 1944 and Rules 173F, 173G(2) read with Rules 52A and 226 of the Central Excise Rules, 1944, by way … AR. Lakshmanan, J.1. Both the above appeals are filed against the common judgment passed by the Central Excise & Gold (Control) Appellate Tribunal, Calcutta in Appeal Nos. E-246/92, E-279/92 and Order No. A-593-594 CAL/98 dated 9.6.1998