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Dec 19 2008

The Commissioner of Central Excise Vs. Shree Rubber Plast Co. Pvt. Ltd ...

Court : Mumbai

Decided on : Dec-19-2008

Subject : ExciseLimitation

Acts : Central Excise Act, 1944 - Sections 35G and 35G(9); Limitation Act 1963 - Sections 3, 4 to 24, 29 and 29(2); Customs Act, 1962 - Sections 130; Rent Act - Sections 13(4) and 18; Limitation Act, 1908; Code of Civil Procedure (CPC) ; Income Tax Act - Sections 260A

Reported in : 2009(2)BomCR53; 2009(111)BomLR585; (2009)221CTR(Bom)652; 2009(234)ELT33(Bom); [2009]16STJ355; [2009]20STT9

whether this Court is empowered to condone the delay in filing the Appeals under Section 35G of the Central Excise Act, 1944 which are filed beyond the prescribed period of 180 days.2. One Division Bench in the case of Commissioner … limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 - 24 (inclusive) shall apply only insofar as, and to the extent to which, they are not

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Dec 08 2005

Bombay Snuff P. Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Dec-08-2005

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35G, 35G(3) and 36; Income Tax Act; Customs Act; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002; Constitution of India - Article 226

Reported in : 125(2005)DLT605; 2006(86)DRJ300; 2006(194)ELT264(Del)

An objection, touching the territorial jurisdiction of this Court to entertain this appeal under section 35G of the Central Excise Act, 1944, has been raised by the respondents on the threshold. The appeal, should according to the respondents, have been … T.S. Thakur, J.1. An objection, touching the territorial jurisdiction of this Court to entertain this appeal under section 35G of the Central Excise Act, 1944, has been raised by the respondents on the threshold. The appeal,

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Mar 27 2001

P. Vasu Babu Vs. Cegat, Chennai

Court : Andhra Pradesh

Decided on : Mar-27-2001

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35G and 35H; Constitution of India - Article 226

Reported in : 2002(142)ELT316(AP)

Matched in: Advocate Srinivasa Varada Chary K., Adv. L. Narasimba Reddy, SC for Central Government

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Nov 05 2004

Commissioner of Central Excise Vs. Mil India Ltd.

Court : Allahabad

Decided on : Nov-05-2004

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35G

Reported in : 2005(98)ECC709; 2008(222)ELT497(All)

R.K. Agrawal, J.1. In the present appeal filed under Section 35G of Central Excise, Act, 1944 (hereinafter referred to as 'the Act') the Commissioner of Central Excise, Noida, has raised the following four substantial … R.K. Agrawal, J.1. In the present appeal filed under Section 35G of Central Excise, Act, 1944 (hereinafter referred to as 'the Act') the Commissioner of Central Excise, Noida,

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Jul 31 2001

Nagpal Steels Ltd. Vs. Commissioner of Central Excise, Chandigarh

Court : Punjab and Haryana

Decided on : Jul-31-2001

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35G(3)

Reported in : 2001(78)ECC338; 2002(144)ELT46(P& H)

Jawahar Lal Gupta, J.1. These are two petitions under Section 35G(3) of the Central Excise Act, 1944. The Company and its Director are the petitioners. They pray that the Appellate Tribunal be directed to refer … Jawahar Lal Gupta, J.1. These are two petitions under Section 35G(3) of the Central Excise Act, 1944. The Company and its Director are the petitioners. They pray that

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Oct 12 2011

Orange City Alloys Pvt. Ltd. and ors. Vs. the Commissioner of Central ...

Court : Mumbai

Decided on : Oct-12-2011

Subject : Excise

Acts : Central Excise Act 1944 - Section 35G; Central Excise Rules 1944 - Rule 173E

1. These Appeals under Section 35G of the Central Excise Act 1944 are directed against a common order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 28 … 1. These Appeals under Section 35G of the Central Excise Act 1944 are directed against a common order of the Customs, Excise and

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Jul 15 2009

Commi. of Central Excise and Customs Vs. Shree Pramukh Switchgear

Court : Gujarat

Decided on : Jul-15-2009

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35G(1); Central Excise Rules - Rules 52A and 57A

Reported in : 2009(170)LC87(Gujarat)

by the Customs, Excise Gold (Control) Appellate Tribunal West Regional Bench at Mumbai under Section 35G(1) of the Central Excise Act, 1944.Whether modvat credit is admissible on the gate passes endorsed after 1.4.94 and whether the notification No. 16/94-CE/NT dtd … law has been referred by the Customs, Excise Gold (Control) Appellate Tribunal West Regional Bench at Mumbai under Section 35G(1) of the Central Excise Act, 1944.Whether modvat credit is admissible on the gate passes endorsed after 1.4.94

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Sep 10 2001

Union of India (Uoi) Vs. Klockner Supreme Pentaplast Ltd.

Court : Madhya Pradesh

Decided on : Sep-10-2001

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35G

Reported in : 2002(79)ECC437; 2002(140)ELT370(MP)

heard on merits.3. This is an application moved by the Union of India under Section 35G(3) of the Central Excise Act, 1944 (hereinafter referred to as 'the Act' for short), against an order passed by the Central Excise & Gold … With consent arguments were heard on merits.3. This is an application moved by the Union of India under Section 35G(3) of the Central Excise Act, 1944 (hereinafter referred to as 'the Act' for short), against an order

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Aug 29 2008

The Commissioner of Central Excise Vs. Shruti Colorants Ltd.

Court : Mumbai

Decided on : Aug-29-2008

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11AC, 35, 35(1), 35C, 35E(3), 35H, 35G and 35G(9); Central Excise Tariff Act, 1985; Income Tax Act, 1962 - Sections 130; National Tax Tribunal Act, 2005 - Sections 15, 23, 23(1) and 24; Limitation Act, 1963 - Sections 3, 4, 5, 12, 14, 14(2) and 29(2); ;Arbitration Act, 1940 - Sections 39; Arbitration and Conciliation Act, 1996 - Sections 34, 34(3) and 43; Rajasthan Premises (Control of Rent and Eviction) Act, 1976; Land Acquisition Act, 1894 - Sections 18(1), 18(2), 18(3) and 28A; Sales Tax Act - Sections 10; Central Excise Rules - Rule 57A, 57D(2) and 57F(4)

Reported in : (2008)110BOMLR3251; 2008(133)ECC197; 2008(159)LC197(Bombay); 2009(233)ELT171(Bom); 2009[13]STR358

of the above seven Appeals preferred by the Commissioner of Central Excise, Pune under Section 35G of the Central Excise Act, 1944 (hereinafter referred to as 'the Act'). All these Appeals are barred by time. The Appellant in all the … by the party concerned in relation to the period of limitation. The only distinction between the provisions of Sections 35G and 35H respectively, is that under one an appeal lies to the High Court while under the other,

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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 … to 22.01.91. 10. Respondent preferred an appeal thereagainst in terms of Section 35G of the Act which by reason of the impugned judgment was allowed

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