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May 18 1994

Oil and Natural Gas Corporation Ltd. Vs. Cegat

Court : Delhi

Decided on : May-18-1994

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 8(1), 9(2), 173B, 173C and 173Q(1); Central Excise Act, 1944 - Sections 11A and 11A(1)

Reported in : 1994(73)ELT776(Del)

Central Excise Rules, 1944 falling under Item No. 68 of First Schedule to the Central Excises and Salt Act, 1944 from so much of the duty livable as is in excess of the amount calculated at the rates … It gave a reply dated 21-3-1991 and on that basis the Collector passed an order on 17-12-1991 demanding Central Excise duty in a sum of Rs. 4,46,99,520.40 from the O.N.G.C., Hazira, Surat under Rule 9(2) of the Central … the order. 2. The O.N.G.C. was issued a show cause notice under Section 11A of the Central Excises and Salt Act on 25-1-1991 after 3

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Mar 25 1991

Davanagere Cotton Mills Ltd. Vs. Chairman C.B.E. and C.

Court : Karnataka

Decided on : Mar-25-1991

Subject : Excise

Acts : Central Excise Rules - Rules 9, 47, 49 and 173-I; Finance Act, 1982 - Sections 51; Central Excise Act, 1944 - Sections 11A(1) and (2)

Reported in : 1993LC80(Karnataka); 1991(55)ELT295(Kar)

Matched in: Advocate Shri K. Srinivasan, Adv. Shri Mukunda Menon, Central Govt. Standing Counsel

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Mar 04 1998

J.K. Cotton Spinning and Weaving Mills Company Ltd. Vs. Collector of C ...

Court : Supreme Court of India

Decided on : Mar-04-1998

Subject : Excise

Acts : Constitution of India - Articles 19(1) and 136; Finance Act, 1982 - Sections 35L and 51(2); Central Excise Act, 1944 - Sections 11A - Rules 9, 49 and 173-F; Code of Civil Procedure (CPC), 1908 - Order 41, Rule 22

Reported in : AIR1998SC1270; 1998(60)ECC494; 1998(99)ELT8(SC); JT1998(2)SC293; 1998(2)SCALE204; (1998)3SCC540; [1998]2SCR102

appeal is thus allowed without any order as to costs. Excise - limitation period - Sections 11A of Central Excise Act, 1944 - whether period of 6 months envisaged in Section 11A for issuing show cause notice stood extended by

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Sep 23 2008

Mittal Pipes Manufacturing Co. Vs. Commissioner of Central Excise, New ...

Court : Supreme Court of India

Decided on : Sep-23-2008

Subject : Excise

Acts : Central Excise Tariff Act; Central Excise Act, 1944 - Sections 11A

Reported in : 2008(134)ECC100; 2008(160)LC100(SC)

appellant and the revenue was right in invoking the extended period of limitation under Section 11A of the Central Excise Act, 1944.8. The appeals are accordingly dismissed. Parties shall bear their own costs. Excise - Limitation - Extended period of … upon revenue records and without deciding title of plaintiff was liable to be set aside. INDIAN EVIDENCE ACT,1872[C.A.No.1/1872] Sections 35 & 114: [S.B. Sinha & H.S. Bedi, JJ] Revenue record Evidentiary value Held, It is not a

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Jan 29 2004

Shahnaz Ayurvedics Vs. Commissioner of Central Excise

Court : Allahabad

Decided on : Jan-29-2004

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11A, 35C and 37B; Constitution of India - Articles 32 and 226

Reported in : 2004(173)ELT337(All)

Tariff Act, 1985, hereinafter called the 'Act 1985'. For that purpose, the provisions of Section 11A of the Central Excise Act, 1944, hereinafter called 'the Act 1944' were invoked and the matter was also examined as to whether the petitioner … & LANDS REFORMS ACT, 1951 [Act No. 1/1951]. Section 3(4) & U.P. Land Revenue Act, (3 of 1901). Sections 14-A (3) & 14; [S.Rafat Alam, R.K.Agarwal & Ashok Bhushan, JJ] Expression Collector- Held, It includes Additional Collector.

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Apr 02 2008

Sakthi Masala Private Ltd. Rep. by Its Manager M. Nachiyappan Vs. the ...

Court : Chennai

Decided on : Apr-02-2008

Subject : Excise

Acts : Central Excise Tariff Act, 1985; Central Excise Act, 1944 - Sections 11A(1) and 11AC; Companies Act, 1956; Indian Companies Act; Central Excise Rules, 2002 - Rule 25; Central Excise Rules, 1944 - Rules 173B and 173G; Constitution of India - Article 226

Reported in : 2008(129)ECC24; 2008(155)LC24(Madras); (2008)6MLJ80

Excise Tariff Act, 1985; (iii) as to why the extended period under the proviso to Section 11A(1) of Central Excise Act,1944 should not be invoked and Central Excise Duty amounting to Rs. 3,99,66,776/- and Educational Cess of Rs. 5,76,352/- … to the Central Excise Tariff Act, 1985; (iii) as to why the extended period under the proviso to Section 11A(1) of Central Excise Act,1944 should not be invoked and Central Excise Duty amounting to Rs. 3,99,66,776/- and

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Sep 09 1993

Birla Jute and Industries Ltd. and ors. Vs. Union of India (Uoi) and a ...

Court : Madhya Pradesh

Decided on : Sep-09-1993

Subject : Excise

Acts : Central Excises Act, 1944 - Sections 11A and 11A(1)

Reported in : 1994(69)ELT14(MP); 1993(0)MPLJ924

whereunder the petitioners have challenged the validity of show cause notice dated 29-5-1992, issued by the Collector of Central Excise, Raipur, raising demands invoking the extended period of limitation provided for under the proviso to Section 114(1) of … extended period of limitation provided for under the proviso to Section 114(1) of the Central Excises and Salt Act, 1944 (1 of 1944) (hereinafter referred to as the 'Act'). The show cause notice issued on 29-5-1992 relates to … invoking the extended period of limitation provided for under the proviso to Section 114(1) of the Central Excises and Salt Act, 1944 (1 of 1944) … 1-1-1988, and from that date both the units are separate factories and separate entities for the purposes of Excise Act. Annexure-E filed along with the petition, is a statement showing yearwise production and clearance of clinkers and cement … have no jurisdiction to issue notice under Section 11A proviso, taking advantage of the extended period of

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May 06 2009

Kushal Fertilisers (P) Ltd. Vs. the Commissioner of Customs and Centra ...

Court : Supreme Court of India

Decided on : May-06-2009

Subject : CompanyExcise

Acts : Companies Act, 1956; Central Excise Act, 1944 - Sections 11A, 11A(1), 35C, 35G, 35G(1) and 35G(3); Finance Act, 1996 - Sections 70; Finance Act, 2003 - Sections 144; Customs Act, 1944 - Sections 11A; Central Excise Rules, 1944 - Rules 174 and 209A

Reported in : 2009(167)LC1(SC); 2009(238)ELT21(SC); 2009(7)SCALE476; (2009)13SCC515:2009AIRSCW4416

about 28th March, 1994, proposing demand of Central Excise Duty of Rs. 57,80,363/- under Section 11A of the Central Excise Act, 1944 (for short `the Act') and also asking the appellant to show cause as to why penalty shall not … provisions. It is, however, now not disputed that the appellant on or about 22nd January, 1991 informed the Section Officer of the Central Excise, Roorkee that it had been manufacturing M.S. conduit pipes and its production is

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Mar 23 1987

Hind Cement Products Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Mar-23-1987

Subject : Limitation

Acts : Central Excise Act, 1944 - Sections 11A and 11A(1); Central Excise Rules, 1944 - Rule 9(2)

Reported in : 1987(14)ECC26; 1987(13)LC439(Allahabad); 1987(32)ELT636(All)

and penalty may be demanded within the period specified in Section 11A of the Central Excises and Salt Act, 1944 (briefly the Act, 1944). Section 11A(1) says that when any duty of excise has not been paid or … excise duty and penalty may be demanded within the period specified in Section 11A of the Central Excises and Salt Act, 1944 (briefly the Act, … In para 7 of the petition, it is averred that the petitioner unit was exempted from payment of Central Excise Duty w.e.f. 1.4.1978 in terms of notification (Annexure 2), as the excisable goods upto an aggregate value not

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May 02 2007

Larsen and Tubro Ltd. Vs. the Commissioner of Central Excise, Pune-ii

Court : Supreme Court of India

Decided on : May-02-2007

Subject : Excise

Acts : Companies Act; Central Excise Act, 1944 - Sections 11A and 11A(1); Central Excise Rules, 1944 - Rules 49(1), 173Q, 209A and 226

Reported in : 2007(5)BomCR163; 2007(118)ECC12; 2007(144)LC12(SC); 2007(211)ELT513(SC); JT2007(6)SC440; 2007(6)SCALE524; [2007]8STT403

49(1) of the Central Excise Rules, 1944 (Rules) read with Section 11A of the Central Excise and Salt Act, 1944 (Act) and as to why penalty should not be imposed on them and the plant & machinery and … to Rule 49(1) of the Central Excise Rules, 1944 (Rules) read with Section 11A of the Central Excise and Salt Act, 1944 (Act) and as … & Co. Pvt. Ltd. opined that similar goods manufactured by others do not attract the provisions of the Central Excise Act. It is stated that the same bench of the Tribunal in its judgment dated 10.5.2004, in Ragunath Ramchandra

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