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Sep 22 1982

Deccan Sales Corporation and Another Vs. R. Parthasarthy and Others

Court : Mumbai

Decided on : Sep-22-1982

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 9(3), 56A, 56A(3) and 173G(1)

Reported in : 1982(10)ELT885(Bom)

1. In this miscellaneous petition a short but interesting question regarding the application of Rule 56-A of the Central Excise Rules, 1944, arises. The said Rule has undergone slight changes and hence we will have to consider the rule as … material excise duty paid goods viz. the base fertilizers, the Company sought credit under Rule 56-A of the Central Excise Rules, 1944. At this juncture the relevant portion of the rule as it then stood may be set out :'56-A.

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Apr 29 1991

Maheshwari Mills Ltd. Vs. Union of India

Court : Gujarat

Decided on : Apr-29-1991

Subject : Excise

Acts : Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 - Sections 3, 3(1) and 3(3); Central Excise Rules, 1944 - Rules 2, 8(1), 9A and 49; Additional Duties of Excise (Textile & Textile Articles) Ordinance, 1978; Central Excises Act, 1944 - Sections 3, 4, 6, 12 and 37

Reported in : 1992(37)ECC123; 1994LC644(Gujarat); 1992(58)ELT9(Guj); (1992)1GLR172

'excisable goods' within the meaning of the phrase defined in the Act of 1944. The rules called the Central Excise Rules, 1944 framed by the Government under the provisions of Section 6, 12 and 37 of the Act of 1944 … the manner and method of collection of the excise duty. 26. Duty as defined under Rule 2(v) of Central Excise Rules, 1944 - Can it be a duty under the Act of 1978 also It was contended that Rule 2(v)

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Apr 22 1988

U Foam Private Ltd. Vs. Collector of Central Excise

Court : Andhra Pradesh

Decided on : Apr-22-1988

Subject : Direct Taxation

Acts : Central Excise Rules, 1944 - Rule 11

Reported in : 1989(20)ECC133; 1988(36)ELT551(AP); [1989]175ITR326(AP)

below : 'GSR : In exercise of the powers conferred by sub-rule (1) of rule 8 of the Central Excise Rules, 1944, the Central Government hereby exempts articles made of polyurethane foam, falling under sub-item (4) of item No. 15A … same and not the form of the original material from which it is produced. Rule 56A of the Central Excise Rules, 1944, simply provided that waste arising from the process of manufacture where pro forma credit has been availed of

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Apr 04 1995

Collector of Central Excise, Bombay Vs. M/S. Kohinoor Mills, Bombay

Court : Supreme Court of India

Decided on : Apr-04-1995

Subject : Excise

Acts : Central Excises and Salt Act, 1944; Central Excise Rules, 1944 - Rules 8, 9(1), 49 and 96E; Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3

Reported in : AIR1995SC1417; 1995(52)ECC83; 1995(77)ELT42(SC); JT1997(10)SC427; 1995(2)SCALE585; 1995Supp(2)SCC411; [1995]3SCR159

exemption notification issued by the Central Government in exercise of its powers conferred under Rule 8 of the Central Excise Rules, 1944. The said Notification No. 132/77 reads as under :In exercise of the powers conferred Ly Sub-rule (i) of … 132/77 reads as under :In exercise of the powers conferred Ly Sub-rule (i) of Rule 8 of the Central Excise Rules, 1944, the Central Government hereby exempts cellulose spun yarn and cotton yarn falling under sub-item III (i) of Item

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Jul 06 2007

indo Rama Synthetics (India) Limited (a Company Incorporated Under the ...

Court : Mumbai

Decided on : Jul-06-2007

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2 and 35G; Central Excise Rules, 1944 - Rule 57B; Cenvat Credit Rules, 2001; Cenvat Credit Rules, 2002; Excise Law

Reported in : 2007(6)BomCR302; (2007)109BOMLR1327; 2007(120)ECC15; 2007LC15(Bombay)

the production of these goods is being carried on or is ordinarily carried on.12. Rule 57B(iv) of the Central Excise Rules, 1944 inter alia provides that a manufacturer of final products shall be allowed to take credit of the specified … (78) RLT 469(T), Shri Nankani submitted that the term for any other purpose. in Rule 57B(iv) of the Central Excise Rules, 1944 and similar Rules framed thereafter must be construed to mean that the fuel oil used for generation of

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Dec 05 1990

Shyam Sunder U. Nichani Vs. Asstt. Collector of C. Ex. and Customs

Court : Karnataka

Decided on : Dec-05-1990

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 8, 8(1), 10, 10A, 73B, 173-A and 173B; Central Excise Act - Sections 11A

Reported in : 1991(33)ECC246; 1991(56)ELT5(Kar)

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

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Aug 12 2003

Uttam Steel Ltd. Vs. Union of India (Uoi)

Court : Mumbai

Decided on : Aug-12-2003

Subject : Excise

Acts : Central Excise Rules, 1944 - Rule 12; Central Excise Act, 1944 - Secttion 11B; General Clauses Act, 1897 - Sections 6

Reported in : 2003(4)ALLMR829; 2003LC898(Bombay); 2003(158)ELT274(Bom); 2004(1)MhLj497

of central excise duty amounting to Rs. 14,18,311/- and Rs. 14, 26,077/- respectively under Rule 12 of the Central Excise Rules, 1944. Section 11B of the Act (prior to amendment by Finance Act, 2000) provided that the application for rebate … claim for refund of duty and rebate of duty were governed by Rules 11 and 12 of the Central Excise Rules, 1944. Under Rule 11, the manufacturer who has paid excise duty in excess could claim refund of duty within

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Apr 14 1981

industrial Plastic Corporation Private Limited and Others Vs. Union of ...

Court : Mumbai

Decided on : Apr-14-1981

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 8, 8(1), 11 and 173J

Reported in : 1983(12)ELT425(Bom)

x4. The Central Government in exercise of the powers conferred by sub-rule 1 of Rule 8 of the Central Excise Rules, 1944, published a Notification dated June 1, 1971 superseding the earlier Notification dated September 23, 1965 and exempting artificial … out the relevant portion :-'In exercise of the powers conferred by sub-rule (1) of Rule 8 of the Central Excise Rules, 1944 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of

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Mar 03 1986

Davangere Cotton Mills Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Decided on : Mar-03-1986

Subject : ExciseConstitution

Acts : Central Excises Act, 1944 - Sections 3, 3(1) and 37; Finance Act, 1982 - Sections 51; Central Excise Rules, 1944 - Rules 9 and 49

Reported in : 1986(8)ECC113; 1986(24)ELT507(Kar)

amendments to Central Excise Rules and validation :(1) The amendments made in Rules 9 and 49 of the Central Excise Rules, 1944 by the Notification of the Government of India in the Ministry of Finance (Department of Revenue) No. G.S.R. … be deemed to have, and to have always had effect on and from the date on which the Central Excise Rules, 1944 came into force.(2) Any action or thing taken or done or purporting to have been taken or done

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Mar 11 1997

Johnson and Johnson Ltd. Vs. Commissioner of Central Excise, Aurangaba ...

Court : Supreme Court of India

Decided on : Mar-11-1997

Subject : Excise

Acts : Central Excise Tariff Act, 1985; Central Excise Rules, 1944 - Rule 8(1); Central Excise Act, 1944 - Sections 5A

Reported in : 1997(92)ELT23(SC); JT1997(10)SC737; (1997)9SCC681

Surgery. By Notification No. 339/86-C.E., dated 11th June, 1986 issued under Sub-rule (1) of Rule 8 of the Central Excise Rules, 1944, (hereinafter called the 'Rules') certain life saving equipments were exempt from the whole of the duty of excise … and Apparatus etc. - In exercise of the powers conferred by Sub-rule (1) of Rule 8 of the Central Excise Rules, 1944, the Central Government hereby exempts medical and surgical instruments and apparatus and parts and accessories thereof of the

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