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Aug 13 1959

Mohammad Irfan Khan Vs. Superintendent Central Excise, Moradabad and a ...

Court : Allahabad

Decided on : Aug-13-1959

Subject : Excise

Acts : Constitution of India - Articles 19, 19(1) and 226; Central Excise Rules, 1944 - Rules 151 and 160; Central Excise Act, 1944 - Sections 14, 33, 35 and 36

Reported in : AIR1960All402

227 of the Constitution of India by Mohammad Irfan Khan for quashing the orders passed by the Superintendent, Central Excise. Moradabad, respondent No. I, and the Deputy Collector, Central Excise, Allahabad, respondent No. 2, and for the grant … that the petitioner had already moved the Central Government under Section 36 of the Central Excise and Salt Act, 1944.7. In the present case, the property of the petitioner firm has been confiscated and if such confiscation is … aforesaid shall be deemed to be judicial enquiry within the meaning of Sections 193 and 228 I.P.C. Section 33 of the Act also contemplates an

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Feb 24 2005

Pahwa Chemicals Pvt. Ltd. Vs. the Commissioner of Central Excise, New ...

Court : Supreme Court of India

Decided on : Feb-24-2005

Subject : Excise

Acts : Central Excise Tariff Act, 1985 - Sections 2, 11A and 11A(1); Central Boards of Revenue Act, 1963; Central Excise Act, 1944 - Sections 33, 35B(1) and 37B; Central Excise Rules, 1944 - Rules 2, 9(2), 57I and 57U

Reported in : 2005(99)ECC91; 2005(181)ELT339(SC); [2005]274ITR87(SC); JT2005(11)SC21; (2005)2SCC720

facts and legal position has been taken into consideration:-(i) By virtue of Clause (a) of Section 33 of Central Excise Act, 1944, Commissioners can adjudicate the cases of confiscation and penalty without limit. This power has been delegated to Deputy … - Sections 2, 11A, 11A(1) - Central Boards of Revenue Act, 1963 - Central Excise Act, 1944 - Sections 33, 35B(1), 37B - Central Excise Rules, 1944 - Rules 2, 9(2), 57I, 57U - Appellants manufacturers of Textile

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Jul 31 1984

Union of India (Uoi) and 2 ors. Vs. A.Y. Yemani

Court : Kerala

Decided on : Jul-31-1984

Subject : Excise

Acts : Central Excises Act, 1944 - Sections 33, 40, 40(1) and 40(2); General Sales Tax Act - Sections 18; Hyderabad Abkari Act - Sections 41; Central Excise Rule, 1944 - Rules 151 and 200

Reported in : 1984(3)ECC153; 1984(18)ELT720(Ker)

Matched in: Advocate M.M. Abdul Aziz, Sr. Central Government Standing Counsel N. Viswanatha Iyer, Adv.

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Nov 29 1990

Engineering Systems (P) Ltd. Vs. Union of India

Court : Karnataka

Decided on : Nov-29-1990

Subject : Excise

Acts : Central Excises Act, 1944 - Sections 33 and 35F; Central Excises Rules, 1944 - Rules 4 and 5

Reported in : 1991(33)ECC160; 1992(57)ELT12(Kar)

Matched in: Citation 1991(33)ECC160; 1992(57)ELT12(Kar)

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Aug 29 1990

Doddaballapur Spinning Mills Ltd. Vs. Asstt. Collector of C. Ex.

Court : Karnataka

Decided on : Aug-29-1990

Subject : Excise

Acts : Central Excise Rules, 1944 - Rule 173Q(1); Central Excise Act, 1944 - Sections 2, 11A, 12A and 33

Reported in : 1991(31)ECC379; 1992(61)ELT539(Kar); 1990(3)KarLJ431

Matched in: Advocate Shri G. Chandra Kumar, Adv. Shri Ashok Harnahalli, Central Govt. Standing Counsel

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Jun 27 1966

Bommidala Poornaish Vs. the Union of India

Court : Andhra Pradesh

Decided on : Jun-27-1966

Subject : Excise

Acts : Central Excises and Salt Act, 1944 - Sections 33, 35, 36 and 40; Code of Civil Procedure (CPC), 1908 - Sections 9, 20 and 80; Evidence Act, 1872 - Sections 5, 45 and 60; Constitution of India - Article 226

Reported in : AIR1967AP338

allowed. Excise - applicability of provision - Sections 33, 35, 36 and 40 of Central Excises and Salt Act, 1944, Sections 9, 20 and 80 of Code of Civil Procedure, 1908, Sections 5, 45 and 60 of Evidence Act, … their jurisdiction can be said to be excluded.(22) It is contended by Mr. K. Ramachandra Rao, that the Central Excise Act, is a code by itself; that it creates authorities, provides for appeals and revisions and under Section 35,

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Feb 15 1983

Ultramarine and Pigments Ltd. Vs. the Deputy Collector of Central Exci ...

Court : Chennai

Decided on : Feb-15-1983

Subject : Excise

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482 and 561-A; Central Excises Act, 1944 - Sections 3 and 33; Central Excise Rules, 1944 - Rules 53, 173(4), 173-Q, 173-Q(1), 210, 216 and 226; Constitution of India - Article 226

Reported in : 1983(13)ELT926(Mad)

valued more than Rs. 3 lakhs from the petitioner's factory premises on 2-12-1982. Under Section 33 of the Central Excise Act, power is given for adjudication and under Rules 173 Q 210 the authority has got the power to … and collecting duties of excise on the excisable goods under Section 3 of the Central Excises and Salt Act, 1944. The petitioner is the Manager (Accounts) in charge of the administration of the factory. According to him, all … observations, the petition is dismissed. Excise - release of seized items - Sections 482 and 561-A of Criminal Procedure Code, 1973, Sections 3 and 33

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May 18 2007

Ambica Industries Vs. Commissioner of Central Excise

Court : Supreme Court of India

Decided on : May-18-2007

Subject : CivilExcise

Acts : Central Excise Act, 1944 - Sections 33, 35C, 35G, 35G(1), 35G(9), 35H, 36B, 66, 66(1), 66(2), 66(8) and 274(2); Finance Act, 2003 - Sections 144 and 145; Income Tax Act, 1961 - Sections 256(2); Code of Criminal Procedure (CrPC) ; Income Tax Act, 1922 - Sections 33, 66 and 66(1); Customs Act; Companies Act, 1956 - Sections 1A, 2(11), 10A and 10F; Code of Civil Procedure (CPC) - Sections 20, 100, 100(1), 141 - Order 2, Rule 2 - Order 23, Rule 1

Reported in : 2007(213)ELT323(SC); JT2007(8)SC467; 2007(8)SCALE488; (2007)6SCC769; [2007]9STT1; (2009)20VST1(SC)

Maharashtra.4. Having regard to the situs of the Tribunal, an appeal in terms of Section 35G of the Central Excise Act, 1944 was filed before the Delhi High Court. A Division Bench of the said Court relying on or on … Court' any question of law arising out of an order under Section 33, and that the Appellate Tribunal shall within the time prescribed in the … Executive order which may be issued. Determination of the jurisdiction of a High Court on the touchstone of Sections 35G and 35H of the Act, in our opinion, should be considered only on the basis of statutory

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Nov 17 1983

NaseeruddIn and Brothers Dosth Beedi Factory, Warangal Vs. Union of In ...

Court : Andhra Pradesh

Decided on : Nov-17-1983

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 151 and 233A; Central Excise Act, 1944 - Sections 3, 12 and 33

Reported in : 1984(17)ELT233(AP)

Matched in: Advocate A.S. Prakasam, Adv. R. Sriramulu, Additional Standing Counsel for Central Government

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Dec 05 1986

Reliance Industries Limited Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Dec-05-1986

Subject : Excise

Reported in : (1987)(11)LC287Tri(Mum.)bai

Excises and Salt Act, 1944 for filing an appeal to the Appellate Tribunal. Therefore, the appeals under the Central Excise Act were not to be confused with appeals under the common law. The so called order of the Collector … the allegations raised n the show cause notice and that decision has to be taken in terms of Sections 11A and 33 With great respect, I am unable to subscribe to the view of my brother Dilipsinhji

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