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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, … to goods earlier covered under Proforma Credit Procedure: In exercise of the powers conferred by Sub-section (1) of Section 5A of the Central Excises and Salt Act, 1944 (1 of 1944), read with Sub-section (3) of Section

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Mar 13 2003

D.P. Lon Vs. Collector of Central Excise and Customs

Court : Supreme Court of India

Decided on : Mar-13-2003

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 14; Central Excise Tariff Act, 1985; Central Excise Rules, 1944 - Rules 9(1), 173, 173F, 173Q, 173Q(1) and 174

Reported in : AIR2003SC1399; 2003(86)ECC521; 2003(153)ELT269(SC); JT2003(3)SC258; 2003(3)SCALE378; (2003)5SCC97; [2003]2SCR1125; [2003]132STC525(SC)

22.5.1986, the doubled and/or multifold yarns falling under Chapter 54 or Chapter 55 of the Schedule to the Central Excise Tariff Act, 1985 were wholly exempted from the duty of excise leviable thereon, provided such doubled or multifolded yarns were manufactured … yarn.'16. The officers have also recorded the statement of Shri Vipulbhai Vasantlal Merchant, Partner of the appellant under Section 14 of the Central Excises and Salt Act, 1944 in which he stated that they are engaged in … in E/ROM/125/99-D in Application No. E/2618/90-D and final order No. 487/93-D dated 15.6.1998 in Appeal No. E/2618/1990-D, whereby the Tribunal has held that 'Taspa' yarn

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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

the description specified in the Schedule hereto annexed and falling within Chapter 90 of the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), from the whole of the duty of excise leviable thereon which is specified in the … under :Exemption to specified sight saving equipments. - In exercise of the powers conferred by Sub-section (1) of Section 5A of the Central Excises and Salt Act, 1944 (1 of 1944), the Central Government, being satisfied that

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Sep 03 2004

Commissioner of Central Excise, Jaipur Vs. J.K. Udaipur Udyog Ltd. Overruled

Court : Supreme Court of India

Decided on : Sep-03-2004

Subject : Excise

Acts : Central Excise Tariff Act, 1985 - Sections 3; ;Central Excise Rules - Rule 57A, 57A(1), 57AA, 57AB, 57AC, 57AC(1), 57AH, 57F, 57J and 173Q(1); ;Central Excise Act, 1944 - Sections 2 and 11A; Additional Duties of Excise (Textile and Textile Articles) Act, 1978 - Sections 3; Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3; Customs Tariff Act, 1975 - Sections 3

Reported in : 2004(96)ECC73; 2004(171)ELT289(SC); JT2004(7)SC152; 2004(3)SCALE6; (2004)7SCC344

The assessee carries on the business of manufacturing cement falling under Chapter 25 of the Schedule to the Central Excise Tariff Act, 1985. The assessee has been granted a mining lease by the Government of Rajasthan and the limestone excavated from … Rule 57AB should not be disallowed and recovered from him under the provisions of Rule 57AH read with Section 11A of Central Excise Act and further, why penal action should not be taken under Rule 173(Q)(1)(bb). The

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Sep 24 2004

Commissioner of Central Excise, Pondicherry Vs. Acer India Ltd.

Court : Supreme Court of India

Decided on : Sep-24-2004

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2, 3, 4, 4(1), 4(3) and 11A(1); Customs Tariff Act; Constitution of India - Article 265; Central Excise Tariff Act, 1985

Reported in : 2004(96)ECC313; 2004(172)ELT289(SC); JT2004(8)SC53; 2004(8)SCALE169; (2004)8SCC173; [2004]137STC596(SC)

servers, note books and accessories falling under different headings of Chapter 84 of the Schedule appended to the Central Excise Tariff Act, 1985. Upon a licence obtained by WIPRO, the Respondent, on orders received from the customers load operational software. While … 30.6.2001 by the Commissioner of Central Excise, Trichy purported to be in terms of the proviso appended to Section 11A(1) of the Central Excise Act, 1944. The respondent pursuant to the said notices filed their show causes.5.

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Apr 17 2007

Virlon Textile Mills Ltd. Vs. Commissioner of Central Excise, Mumbai

Court : Supreme Court of India

Decided on : Apr-17-2007

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 3, 3(1) and 5A(1); Customs Act, 1962 - Sections 12, 25 and 25(1); Customs Tariff Act, 1975 - Sections 3 and 3A; Textile Committee Act, 1963; Central Excise Tariff Act, 1985 - Sections 3; Industries (Development and Regulation) Act, 1951 - Sections 14; Central Excise Rules, 1944 - Rule 8(1); Industries (Development and Regulation) Rules

Reported in : 2007(118)ECC43; 2007LC43(SC); 2007(211)ELT353(SC); JT2007(5)SC597; 2007(5)SCALE767; (2007)4SCC440

quote hereinbelow Section 3(1) of the Central Excise Act, 1944:SECTION 3. Duties specified in the Schedule to the Central Excise Tariff Act, 1985 to be levied. -- (1) There shall be levied and collected in such manner as may be prescribed

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Apr 07 2006

Collector of Central Excise Vs. Jupiter Industries and anr.

Court : Rajasthan

Decided on : Apr-07-2006

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 3, 11B and 35H; Central Excise Rules, 1944 - Rule 96AC, 96AC(1) and 96ZA to 96ZC; Central Excise Tariff Act, 1985; Central Excise Tariff Act, 1986 - Sections 5A

Reported in : RLW2006(4)Raj2704; 2006(4)WLC776

having regard to the average production of the stainless pattas/patties falling under Chapter 72 of the Schedule of Central Excise Tariff Act, 1985 per month or per year and other relevant considerations by the Central Government and as by notification in … vide order dated 14.7.2003 in D.B. Civil Tax Reference Petition No. 4/2003:Whether the CEGAT can allow refund under Section 11B of Central Excise Act, 1944 when it was specifically not allowed by the Sub-rule (2) of the … this Court as per the direction of this Court vide order dated 14.7.2003 in D.B. Civil Tax Reference Petition No. 4/2003:Whether the CEGAT can allow

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Jul 13 1990

Jayant Vitamins Limited Vs. Union of India (Uoi)

Court : Madhya Pradesh

Decided on : Jul-13-1990

Subject : Excise

Acts : Central Excise Tariff Act, 1985; Central Excises Act, 1944 - Sections 3 and 11A; ;Constitution of India - Article 26; Central Excise Rules, 1944 - Rule 8(1)

Reported in : 1992(38)ECC199; 1991(53)ELT278(MP)

are bulk drugs and classifiable under residuary Item No. 29.24 of Chapter 29 of the Schedule to the Central Excise Tariff Act, 1985 (hereinafter called the Act) which came into force from 1-3-1986.2. After the coming into force of the Act … date of commencement of 1981 Adhiniyam on 1st July 1981. It will be clear from sub-section 92) of Section 1 of the 2005 Adhiniyam that the 2005 Adhiniyam was to come into force with retrospective effect from first

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Apr 20 2007

Adhunik Food Products (P) Ltd., U.P. Vs. Commissioner of Central Excis ...

Court : Supreme Court of India

Decided on : Apr-20-2007

Subject : Excise

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

Reported in : 2007(117)ECC296; 2007LC296(SC); 2007(211)ELT360(SC); JT2007(8)SC338; 2007(6)SCALE22; (2007)9SCC32; 2007(1)LC605(SC)

of the Table hereto annexed and falling under the Chapter or sub-heading No. of the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), specified in the corresponding entry in column (2) of the said Table, from so much … for certain specified goods of Chapters 4 to 22In exercise of the powers conferred by Sub-section (1) of Section 5A of the Central Excises and Salt Act, 1944 (1 of 1944), the Central Government, being satisfied that

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Sep 03 2002

Unichem Laboratories Ltd. Vs. Collector of Central Excise, Bombay

Court : Supreme Court of India

Decided on : Sep-03-2002

Subject : Excise

Acts : Central Excise Tariff Act, 1985; Central Excise Rules, 1944 - Rule 8(1); Central Excise Act, 1944 - Sections 3; Central Duties of Excise (Retrospective Exemption) Act, 1986 - Sections 2; Additional Duties of Excise (Textiles and Textile Articles) Amendment Act, 1985; Additional Duties of Excise (Goods of Special Importance) Amendment Act, 1985

Reported in : AIR2002SC3158; 2002(83)ECC513; 2002LC913(SC); 2002(145)ELT502(SC); JT2002(6)SC547; 2002(6)SCALE226; (2002)7SCC145; [2002]SUPP2SCR87

3, 1986, granting exemption to bulk drugs falling under sub-heading 2913.00 of Chapter 29 of Schedule to the Central Excise Tariff Act, 1985 from the date of filing of classification lists.3. It would be relevant to refer to the facts giving … Excise Tariff Act, 1985 (5 of 1986), from the whole of the duty of excise leviable thereon under Section 3 of the Central Excises and Salt Act, 1944;Provided that the manufacturer furnishes to the proper officer, a … (Control) Appellate Tribunal, New Delhi in Appeal No. E/717/88-C, dated 26th April, 1993.2. The point that arises for consideration is: whether the appellant is entitled

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