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M.C. Thakur Vs. Extrusion Processors Pvt. Ltd.
Mumbai
Jan-18-1991
Excise
Central Excise Act, 1944 - Sections 2 and 4; Central Excise Tariff Act, 1985
1991LC18(Bombay); 1991(54)ELT16(Bom)
Salt Act, 1944 made by the Finance Act, 1980 and also Tariff Item 8313.11 in Schedule to the Central Excise Tariff Act, 1985 to the extent to which it purports to authorise the levy of excise duty on the process of … Writ Petition No. 1539 of 1981. By the impugned judgment, the learned Judge declared that the amendments to Section 2(f) and to Tariff Item No. 27 in the First Schedule to the Central Excises and Salt Act, 1944
Tag this Judgment! AI Brief & AskRaj Pack Well Ltd. Vs. Union of India (Uoi)
Madhya Pradesh
Sep-19-1989
Excise
Companies Act, 1956; Central Excise Tariff Act, 1985 - Sections 11; Central Excise Act; Textiles Committee Act, 1963 - Sections 2; Central Excise Law; Constitution of India - Articles 226 and 227; Central Excise Rules, 1944 - Rule 173B; Textile (Control) Order, 1986
1993(41)ECC285; 1993LC351(MP); 1990(50)ELT201(MP)
that the HDPE woven sacks are articles of plastic and are thus classifiable under Chapter 39 of the Central Excise Tariff Act, 1985. The contention of the petitioners was not accepted by the Assistant Collector, Central Excise, Division Indore (respondent No. … have been classified under one head beginning with raw materials and ending with finished products. The Chapter and Section, according to the scheme of the Act being the same, the finished goods cannot be taken out of … 5408.00. It has further been held that the provisions of Notification No. 223/86-C.E., dated 3-4-1986 are no longer applicable as the term sacks produced on
Tag this Judgment! AI Brief & AskUnichem Laboratories Ltd. Vs. Collector of Central Excise, Bombay
Supreme Court of India
Sep-03-2002
Excise
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
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 … (Retrospective Exemption) Act, 1986 which provides for a new tariff, nomenclature as also rates of duties of excise. Section 2 of the said Act says.'2. Retrospective effect for certain notification.--(1) Every notification issued by the Government of India
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Commissioner of Central Excise, Jaipur Vs. J.K. Udaipur Udyog Ltd. Overruled
Supreme Court of India
Sep-03-2004
Excise
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
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 … Commissioner of Central Excise, Jaipur II, against the judgment and order dated 20.8.2002 of Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi (for short
Tag this Judgment! AI Brief & AskCrane Betel Nut Powder Works Vs. Commissioner of Customs and Central E ...
Andhra Pradesh
Sep-15-2005
Excise
Central Excise Act, 1944 - Sections 2, 3, 4, 11, 35E, 35G, 35G(1), 35H and 35L; Central Excise Tariff Act, 1985; Central Excise Tariff Act, 1957; Central Excise Tariff Rules - Rules 1, 2, 3 and 4; Customs Act - Sections 129C(3), 129D, 129D(5) and 130E; Rajasthan Sales Tax Act - Sections 15(2) and 15(3A); Constitution of India - Article 226; Code of Civil Procedure (CPC) , 1908
2006(2)ALT523
product of the Appellant under Chapter subheading No. 2107.00 instead of sub-heading No.0801.00 of the schedule to the Central Excise Tariff Act, 1985, (hereinafter referred to as Tariff Act). The Appellant's contention that their products were required to be classified under … all, 'Excisable goods', produced or 'manufactured'. The expression 'excisable goods ' has been defined by Clause (d) of Section 2 to mean, 'goods' specified in the Schedules. Rates of excise duty are specified in the First Schedule to
Tag this Judgment! AI Brief & AskCollector of Central Excise, Patna Vs. Tata Iron and Steel Co. Ltd.
Supreme Court of India
Feb-26-2004
Excise
Central Excise Rules, 1944 - Rules 9(2), 174; Central Excise Act, 1944 - Sections 2; Central Excise Tariff Act, 1985; Finance Act, 1981
2004(2)BLJR1397; 2004(2)CTC55; 2004(92)ECC257; 2004(165)ELT386(SC); JT2004(3)SC66; 2004(1)KLT1050(SC); (2004)3MLJ52(SC); 2004(2)SCALE760; (2004)9SCC1
and Agro Industries Limited filed declaration classifying the zinc dross under Heading 7902.00 of the Schedule to the Central Excise Tariff Act, 1985. According to the assessee, they filed declaration claiming the zinc dross as non-excisable commodity and continued to clear … to the assesses, zinc dross and zinc scaling does not constitute to be excisable goods as defined in Section 2(d) of the Central Excise Salt Act, 1944 and, therefore, they filed refund claims for amount of duty paid
Tag this Judgment! AI Brief & AskCommissioner of Central Excise, Pondicherry Vs. Acer India Ltd.
Supreme Court of India
Sep-24-2004
Excise
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
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. … us being aggrieved by and dissatisfied with the judgment and order dated 29.08.2003 passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal
Tag this Judgment! AI Brief & AskAhmedabad Electricity Co. Ltd. Vs. Union of India (Uoi)
Gujarat
Apr-04-2000
ExciseCivil
Central Excise Tariff Act, 1985; Central Excise Act, 1944 - Sections 2, 3, 6 and 37B; Customs Act - Sections 12; Customs Tariff Act - Sections 3 and 3(1); Bombay Sales Tax Act; Central Excise Rules - Rules 3, 43(1) and 174
2001(74)ECC296; 2001(131)ELT535(Guj)
which it was clarified that 'coal-ash (cinder)' is an excisable commodity classifiable under sub-heading No. 2621.00 of the Central Excise Tariff Act, 1985 and chargeable to appropriate rate of duty. According to the Board coal-ash (cinder) was specified in the Schedule … coal-ash (cinder) was specified in the Schedule to the Central Excise Tariff Act, 1985 and this read with Section 2(d) of that Act rendered coal-ash (cinder) as 'excisable goods'. The Board was also of the opinion that
Tag this Judgment! AI Brief & AskD.C.W. Ltd. Vs. Union of India
Chennai
Feb-21-1991
Excise
Central Excise Act, 1944 - Sections 2, 3 and 35A; Central Excise Tariff Act, 1985
1991(56)ELT310(Mad)
Matched in: Advocate Mr. P.S. Raman, Adv. Mr. A.S. Venkatachala Moorthy, Addl. Central Government Standing Counsel
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Vs. Ahmedabad Electricity Co. Ltd. and ors.
Supreme Court of India
Oct-29-2003
Excise
Central Excise Tariff Act, 1985 ; Central Excise Act, 1944 - Sections 2, 2(14), 3, 11A and 35L; Constitution of India - Article 226; Customs Tariff Act, 1975 - Sections 3(1); Customs Act, 1962 - Sections 12; Kerala General Sales Tax Act, 1963; Tariff Act, 1975
AIR2004SC11; 2003(90)ECC249; 2003LC274(SC); 2003(158)ELT3(SC); (2004)2GLR1257; 2003(9)SCALE123; (2003)11SCC129; [2004]134STC24(SC)
which it was clarified that 'coal-ash (cinder)' is an excisable commodity classifiable under subheading No. 26.21 of the Central Excise Tariff Act, 1985. In the first place no objection regarding maintainability of the Writ Petition seems to have been taken before … First Schedule.' 11. The following key words occurring in this provision have been defined in the Act as under:'Section 2(a)..........(b)..........(c)...........(d) 'excisable goods' means goods specified in the First Schedule as being subject to a duty of excise and
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