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Aug 05 2005

Commissioner of Customs (General), New Delhi Vs. Gujarat Perstorp Elec ...

Court : Supreme Court of India

Decided on : Aug-05-2005

Subject : Customs

Acts : Companies Act, 1956; Customs Act, 1962 - Sections 25(1), 28(1), 111 and 112; Customs Tariff Act, 1975 - Sections 2; Income Tax Act, 1961 - Sections 32, 43 and 43(3); Central Excise Tariff Act, 1985; Interpretation Rules, 1988

Reported in : 2005(101)ECC577; 2005(186)ELT532(SC); JT2005(7)SC490; (2005)7SCC118

reference to the nomenclature indicated by the HSN unless there be an express different intention indicated by the Central Excise Tariff Act, 1985 itself. The definition of a term in the ISI Glossary, which has a different purpose, cannot in case … of the Commissioner holding that the goods were liable to payment of custom duty and not covered by Chapter Heading 4901. Two appeals were filed by Mr. Chand Seth, Chairman-cum-Managing Director and Mr. Arun Gupta, Director against … under:'Effective rates for specified goods falling within Chapters 40, 41, 43, 44, 47, 48, 49 and 97In exercise of the powers conferred by Sub-section (1)

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Dec 16 2010

The Commissioner of Central ] Excise and Custom, Daman, Vs. M/S. Gujch ...

Court : Mumbai

Decided on : Dec-16-2010

Subject : Excise

Acts : Central Excise Tariff Act, 1985 - Chapters 22, 28, 29, 34, 38 and 39; Central Excise Rules, 1944 - Rules 57A, 53, 223B, 9(2); Central Excise & Salt Act, 1944 - Sections 11A, 34,6

various products, which are, excisable goods failling under Chapters 22, 28, 29, 34, 38 and 39 of the Central Excise Tariff Act, 1985 and are also availing modvat facility under Rule 57A of the Central Excise Rules, 1944 (herein after for … stated thus :The Respondents herein are engaged in manufacture of various products, which are, excisable goods failling under Chapters 22, 28, 29, 34, 38 and 39 of the Central Excise Tariff Act, 1985 and are also availing … Appeal, it would be apposite to reproduce the relevant statutory provisions. Rules 47, 53, 226, 223B and Rule 173Q(1) of the Rules are reproduced herein

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Oct 03 2005

The Commissioner of Central Excise, New Delhi Vs. Hari Chand Shri Gopa ...

Court : Supreme Court of India

Decided on : Oct-03-2005

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 8, 9, 47, 49A(1), 52A, 54, 57G, 57T, 173B, 173B(1), 173FF, 173G, 173G(1), 173G(3), 173K, 174, 174(1), 174A, 192, 196, 196(1) and 224(1); ;Central Excise Tariff Act, 1985 - Sections 11A and 14; ;Central Excises Act, 1944 - Sections 5A(1); ;Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3(3); ;Companies Act, 1956 - Sections 233B; ;Indian Penal Code (IPC), 1860 - Sections 109, 116 and 161

Reported in : AIR2005SC3595; 2005(102)ECC481; 2005(188)ELT353(SC); JT2005(12)SC189; 2005(8)SCALE58; (2005)8SCC164

judgment in civil appeal nos.5747-5749 of 2000 that this kimam was excisable and classifiable under sub-heading 2404.49/2404.40 of Central Excise Tariff Act, 1985. Admittedly, the existence of assessees' units in Delhi, where kimam was manufactured, was not disclosed to the department, … law involved in this matter is - whether irrespective of the assessees having not followed or substantially followed Chapter X procedure under the Central Excise Rules, 1944, they would still be entitled to the benefit of notification … store-room or other place of storage approved by the Commissioner under Rule 47, duty paid on such quantity, particulars of invoices or like documents under

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Oct 07 2010

Commissioner of Customs C.G.O. Vs. Sonam International Shop No.9

Court : Allahabad

Decided on : Oct-07-2010

Subject : Land Acquisition

conforms with the description of goods mentioned under heading No.26.36 of the Customs Tariff Act, 1975 and the Central Excise Tariff Act, 1985. 48.Under the heading No.29.36, Vitamin has been defined as under: "Vitamins are active agents, usually of complex Chemical … Supplement" are different products and have different identity under the Customs Tariff, while the former is classifiable under Chapter 29, the latter is classifiable under Chapter 23. 18.Under Explanatory Note to HSN (Chapter 23), the characteristic feature … 4.Whether keeping in view the provisions contained in Sections 17, 46 and 47 of the Customs Act, 1962, the Bill of Entry being cleared by

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Apr 21 1998

Srf Limited and ors. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Decided on : Apr-21-1998

Subject : Service Tax

Reported in : (1998)(61)ECC687

18 The nomenclature, construction and use of the fabrics have already been declared to the Department. When the Central Excise Tariff Act, 1985 was brought into force, the proposed classification was called for by the department. The appellants declared to the … of unprocessed fabrics of cotton and man-made fibre and filament yarn. The appellants claim the . classification under Chapter 52, 54 or 55 depending upon the material used for the fabric while revenue seeks the classification under … the CEGAT in the case of Simplex Mills reported in 1993(49) ECR] 47 classifying similar products under Heading 59.09. The other reasons as set out

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May 03 2023

Commissioner Of Customs Central Excise And Service Tax Hyderabad Vs. A ...

Court : Supreme Court of India

Decided on : May-03-2023

Subject : Land Acquisition

Hair Oil' which was classified by them under Tariff Item No.3003 9014 of the First Schedule to the Central Excise Tariff Act, 1985. However, as per Chapter 33 of the Central Excise Tariff Act, 1985, preparations for use on the hair … do not find that the claim of the appellant is acceptable that it is primarily for therapeutic use.” 47 13. The same would be the position in the present case. The oil is not used for cure

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Sep 21 2000

Bamni Proteins Limited Vs. Ajay (Shri)

Court : Mumbai

Decided on : Sep-21-2000

Subject : Contempt of CourtExcise

Acts : Central Excise Act, 1944 - Sections 11A; Central Excise Rules, 1944 - Rule 9(2); Contempt of Courts Act, 1971 - Sections 2

Reported in : 2001(2)BomCR744

to why the Di-Calcium Phosphate (Animal Feed Grade) should not be classified under Chapter Sub-heading No. 2835.00 of Central Excise Tariff Act, 1985, attracting Central Excise Duty @ 6 per cent ad valorem and why the Central Excise Duty to the

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Jun 16 1994

Collector of C. Ex. Vs. Sukhjit Starch and Chemicals Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Jun-16-1994

Subject : Excise

Reported in : (1994)(72)ELT753TriDel

Matched in: Court Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

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Aug 20 2007

Smt. Shahnaz HussaIn Wife of Late Shri Nasir Hussian Vs. State of U.P. ...

Court : Allahabad

Decided on : Aug-20-2007

Subject : ExciseCriminal

Reported in : 2008(227)ELT61(All)

M/s Shahnaz Ayhurvedics (accused No. 1) were infact cosmetics and toilet preparations falling under Chapter 33 of the Central Excise Tariff Act, 1985 attracting higher rate of Central Excise Duties while the same were misdeclared as Ayurvedic Medicine' and cleared under

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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)

used for the care and condition of the skin and hair, and were liable to duty under the Central Excise Tariff Act, 1985, hereinafter called the 'Act 1985'. For that purpose, the provisions of Section 11A of the Central Excise Act, … proceedings initiated vide show cause notice dated 7-3-1988 were dropped. Assessee was allowed clearance of its products under Chapter 30 of the Tariff Act, 1985, as Ayurvedic medicines. Again, the same controversy arose and the proceedings initiated

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