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Goodearth Steels Pvt. Ltd. Vs. Commnr. of Central Excise, Kanpur
Supreme Court of India
Feb-14-2008
Excise
Central Excise Act, 1944 - Sections 35B(3), 35B(4), 35B(5), 35E(3), 35H and 35H(1)
2008(129)ECC23; 2008(155)LC23(SC); JT2008(2)SC463; 2008(2)SCALE473; (2008)3SCC77; 2008AIRSCW15482008(2)Supreme80
is whether there is power for condonation of delay in seeking a reference under Section 35H of the Central Excise Act, 1944. By judgment delivered separately in Civil Appeal No. 4647 of 2007 we held that this is not permissible.It … that arises for consideration is whether there is power for condonation of delay in seeking a reference under Section 35H of the Central Excise Act, 1944. By judgment delivered separately in Civil Appeal No. 4647 of 2007 … follows:At this juncture, it would be appropriate to take note of Section 35B(3) which provides for an appeal to the Appellate Tribunal which specifically says
Tag this Judgment! AI Brief & AskMurali Match Works Vs. Cegat
Chennai
Aug-02-1991
Excise
Central Excise Act, 1944 - Sections 35B and B(5)
1992(60)ELT546(Mad)
The writ petitioner therefore fails and stands dismissed. No costs. Excise - delay - Section 35B (5) of Central Excise Act, 1944 - petitioner assessee was manufacture of matches - Assistant Collector issued notification for demand of differential duty - … the proceedings relating thereto and consequently direct the first respondent to redispose of the appeal on merits under Section 35B of the Central Excises and Salt Act, 1944. 2. The impugned order is one wherein the Customs,
Tag this Judgment! AI Brief & AskRajaram Corn Products (Punjab) Private Limited Vs. Superintendent, Cen ...
Punjab and Haryana
Nov-05-1985
Excise
Central Excise Act, 1944 - Sections 35B
1986(9)ECC210; 1986(23)ELT291(P& H)
stated to be the subject matter of an appeal under Section 35B of the Central Excises and Salt Act, 1944, before the Appellate Tribunal which is still pending.2. Subsequent to the period covered by the appellate order of … time the drums have been returned by the buyers to this petitioner. However, the Assistant Collector Customs and Central Excise through his various orders charged duty for the period July 28, 1981 to February 22, 1982 on the … by tribunal--Central Excises and Salt Act (1 of 1944), Section 35B. - Sections 80 (2) & 89 & Punjab Motor Vehicles Rules, 1989, Rules 85
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Commissioner of Income Tax, Kerala Vs. Tara Agencies
Supreme Court of India
Jul-09-2007
Direct Taxation
Income Tax Act, 1961 - Sections 35B(1A), 35(1)(B) and 801B; Finance Act, 1978 - Sections 2(7), 32A, 35B(1A), 35B(2), 80MM and 80MM(2); Marine Products Export Development Authority Act, 1972 - Sections 3(1); State Financial Corporation Act, 1951 - Sections 2(C); Bombay Sales Tax Act, 1953 - Sections 7 and 8; Kerala General Sales Tax Act, 1963 - Sections 5A(1); Central Sales Tax Act, 1956 - Sections 8(3); Central Sales Tax Rules - Rule 13; Central Excise Act, 1944 - Sections 2
(2007)210CTR(SC)454; 2007(214)ELT491(SC); [2007]292ITR444(SC); JT2007(9)SC65; 2007(3)KLT624(SC); 2007(9)SCALE100; (2007)6SCC429
defined in the Income Tax Act, 1961.12. The term manufacture has been defined in Section 2(f) of the Central Excise Act, 1944. Parts (i) and (ii) of Section 2(f) read as under: 2(f). 'Manufacture' includes any process-(i) incidental or ancillary … for the purpose of export is entitled to weighted deduction under Section 35B (1A) of the Income Tax Act, 1961 (hereinafter referred to as 'the … interpret the Statute - Impugned order set aside - Appeal allowed - COMPANIES ACT, 1956 [C.A. No. 1/1956]. Sections 437 & 457 & State Financial Corporations Act (65 of 1951), Section 29: [S.B. Sinha & V.S.Sirpurkar, JJ]
Tag this Judgment! AI Brief & AskPahwa Chemicals Pvt. Ltd. Vs. the Commissioner of Central Excise, New ...
Supreme Court of India
Feb-24-2005
Excise
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
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 … stand dismissed. There will be no Order as to costs. Excise - Central Excise Tariff Act, 1985 - Sections 2, 11A, 11A(1) - Central Boards of Revenue Act, 1963 - Central Excise Act, 1944 - Sections 33, … (A) above.(C) Cases related to issues mentioned under first proviso to Section 35B(1) of Central Excise Act, 1944 would be adjudicated by the Addl. Commissioners/Dy.
Tag this Judgment! AI Brief & AskHindustan Lever Limited Represented by Its Legal Manager T.S. Venkates ...
Chennai
May-23-2006
Constitution
Central Excise Act, 1944 - Sections 35A, 35B and 35F; Customs Tariff Act, 1975; Constitution of India - Article 226
2006(202)ELT591(Mad)
the appellant/petitioner herein.(ii) In the said appeal, the petitioner filed a stay application under Section 35F of the Central Excise Act, 1944 (hereinafter referred to as the Act) seeking stay and to dispense with the requirement of pre-deposit of duty. … 3402.90 as claimed by the appellant/petitioner herein.(ii) In the said appeal, the petitioner filed a stay application under Section 35F of the Central Excise Act, 1944 (hereinafter referred to as the Act) seeking stay and to dispense … by the respondent, an appeal will lie to the CESTAT under Section 35B of the Act and as such the writ petition itself is not
Tag this Judgment! AI Brief & AskCommissioner of Central Excise Vs. Sonatapes Pvt. Ltd.
Mumbai
May-05-2008
Excise
Central Excise Act, 1944 - Sections 35, 35A and 35B(2); Central Excise Rules, 1944 - Rule 57(O)
2008(3)BomCR709; 2008(132)ECC302; 2008(158)LC302(Bombay); 2008(229)ELT167(Bom); 2009[16]STR667
included in the list of capital goods described in the explanation below Rule 57(O) of Central Excise Rules, 1944. He came to the conclusion that the retrospective application of the notification and giving benefit of Modvat credit … the finding of the Commissioner (Appeals) as bad in law for the purpose of Section 35(B)(2) of the Central Excise Act.8. It appears that the CEGAT has relied on the judgment of the Supreme Court in the case of … has failed to use the words 'not legal or proper' used in Section 35B(2) of the Central Excise and Salt Act which regulates the filing
Tag this Judgment! AI Brief & AskMil India Ltd. Vs. Commissioner of Central Excise, Noida
Supreme Court of India
Mar-01-2007
Excise
Central Excise Tariff Act, 1985; Central Excise Act, 1944 - Sections 35A, 35B and 35G
2007(116)ECC118; 2007LC118(SC); 2007(210)ELT188(SC); 2007(4)SCALE31; (2007)3SCC533
department preferred Central Excise Appeal No. 28 of 2004 in the High Court under Section 35G of the Central Excise Act, 1944. By the impugned judgment dated 5.11.2004 the High Court held that the order of the Commissioner (A) dated … - Accordingly, Tribunal was competent to decide the deniability of goods - CENTRAL EXCISE ACT, 1944.[C.A. No. 1/1944]. Sections 4 & 2(f): [S.H. Kapadia & B. Sudershan Reddy, JJ] Excise duty Valuation Assessee manufacturing plant and equipment … powers of the adjudicating authority in the matters of assessment. Under Section 35B any person aggrieved by the order of the Commissioner as an adjudicating
Tag this Judgment! AI Brief & AskNational Co-operative Sugar Mills Ltd. Vs. Union of India
Chennai
Nov-19-1991
Excise
Central Excise Act, 1944 - Sections 35 and 35B
1994LC147(Madras); 1992(58)ELT174(Mad)
Matched in: Advocate Shri N.S. Nandakumar, Adv. Shri A.S. Venkatachalamoorthy, Addl. Central Govt. Standing Counsel
Tag this Judgment! AI Brief & AskVirendra Lime Company Vs. Union of India (Uoi) and ors.
Rajasthan
Nov-07-1983
ConstitutionExcise
Central Excise Act, 1944 - Sections 23(1), 23(3), 24, 35, 35A, 35B, 35C and 35G; ;Orissa Sales Tax Act; Constitution of India - Article 226
1984(3)ECC351; 1985(22)ELT690(Raj)
view that the Assistant Collector while deciding the matter as a statutory authority under the provisions of the Central Excise Act is not bound by administrative instructions or trade notice and is free to decide the matter in a … items were covered under Tariff Item No. 23 of the First Schedule to the Central Excises and Salt Act, 1944. In the above letter, it was mentioned requesting the petitioners to file the classification list within two days … collector, whether free to decide question in judicial manner despite trade notice--Central Excises and Salt Act (1 of 1944), Sections 35, 35a, 35b, 35c, 35g, Schedule I, tariff items 23(2), 68--Constitution of India, Article 226. - - 68.
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