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Mavi Industrial Ltd. (Formerly Known as Krishna Filaments Ltd. Vs. the ...

Court : Mumbai

Subject : Land Acquisition

unit. 11) In the meantime, by a show cause notice dated 27th February, 2004, the Assistant Commissioner of Central Excise, Thane called upon the assessee to show cause as to why action should not be initiated against the … is subject to the following conditions. (a) The entire (100%) production excluding rejects and sales in the Domestic Tariff Area (DTA) as per provision of Foreign Trade Policy 2004-09 shall be exported. (b) The unit would be … action. (c) The benefit provided in Appendix 14-I-M of HBP 2004-09 as amended shall not be applicable. (d) This approval is without prejudice to any … of 1997 and violation of Sections 61 and 72 of the Customs Act, 1962?” 2) The appeal is admitted on the above question and taken … within the first block of five years constitutes violation of the bond executed under notification No.53 of

M/s Hospira Health Care India Pvt Ltd, represented by the Deputy Gener ...

Court : Chennai

Subject : Land Acquisition

the respondents relied upon the following judgments: (i) 2004 (11) SCC 798 (Commissioner of Central Excise, Chandigarh-I … to procure duty free capital goods, raw materials, consumables etc., The petitioner is also duly registered with the Central Excise Department and are issued with Private Bonded Warehouse Licence and In-Bond Manufacture permission in terms of Secs.58 and … Trade Policy to the effect that CST is either exempt on purchases, when made from units in Domestic Tariff Area-DTA or by way of refund of CST to the EOU on quarterly basis. The provisions are enumerated … suggested to Director General of Foreign Trade (DGFT) to consider a suitable amendment in the Foreign Trade Policy (FTP) as deemed fit. According to the … 9.21 of the Foreign Trade Policy read with Appendix 14.I-I does not provide for reimbursement of CST, … Delhi. The customs/central excise duties are exempted by virtue of exemption notifications issued by Government of India, … In-Bond Manufacture permission in terms of Secs.58 and 65 of the Customs Act, 1962 respectively. The petitioner is importing from time to time, customs duty

m/s.l.r.brothers,indo Flora Ltd. Through Its Director Vs. Comissioner ...

Court : Supreme Court of India

Subject : Service Tax

imported as such if the goods are non excisable. Cut Flowers or Flower Buds are not covered under Central Excise Tariff Act, 1985 as Chapter 6 which covers such types of Flowers in Customs Tariff left blank in Central … on inputs used for 3 For short, “EOU” 4 For short, “the exemption notification” 5 For short, “the amendment notification” 3 production, manufacturing or packaging, as if there was no exemption notification in place. The effect of … charge of customs duty on the inputs equal to the duty leviable 2004 (164) ELT423(Tri.-Del.) 7 8 For short, “the CEGAT” 9 10 For short, … for sale of goods in the DTA by EOU are prescribed in Appendix 42 of Handbook of Procedure, Export Import Policy 1997­2002. Para (f) of … inputs used during production of the exported articles, vide Notification No.126/94­ Cus dated 3.6.19944. Under the said

Commissioner of Customs (Air) Vs. Harmony Musical Instrument

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

Subject : Land Acquisition

Reported in : (2006)(111)ECC240

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

Commissioner of Central Excise, Chennai-iv Vs. Celebity Designs India ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Subject : Excise

are that the respondents are engaged in the manufacture of textile articles falling under Chapter 62 of the Central Excise Tariff Act, 1985. The respondents filed a refund claim on 29.3.2005 of Rs.12,76,088/- under Rule 5 of Cenvat Credit … of the period specified in Section 11B of the Central Excise Act, 1944. Subsequently, Notification No.11/2002 (supra) was amended by Notification No.49/2003-CE (NT) dt. 17.5.2003 and the claim for such refund may be made for each calendar … Rules for the goods exported during the month of February and March 2004. The respondents availed cenvat credit on various inputs which were utilized in … Ld. Authorized Representative on behalf of Revenue submits that clause (6) of Appendix to Notification No. 11/2002-CE (NT) dt. 1.3.2002 is particularly mentioning that refund … prescribed in Section 11B is not applicable. Same view has been taken by the Honble Madhya Pradesh

Sanjay Shah and ors. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Land Acquisition

Reported in : (2005)(102)ECC550

in DTA against foreign exchange covered by para 9.10(b) shall be counted against NFEP/EP, these clearance cannot suffer Central Excise Duty. Hence, Notification No. 125/1984 in squarely applicable to these clearances by virtue of the fact that they … of any, and filed RT 13 returns. No Additional Duty of Customs under Section 3 of the Customs Tariff Act, 1975 leviable on such goods and not exempt under Notification 82/92-CE was alleged to be evaded. The … circular was issued dated 17.2.83 clarifying the introduction of proviso. By an amendment by Act 21 of 1984 the facility of Sale in DTA was … in case of SIV Industries Ltd., in the decision of OPAL fabrics, 2004 (164) ELT relied upon by Jt. CDR, will not help the case … of policy paras 9.9, 9.10 and chapter and Appendix 42 of the Exim Policy, all removals from … from Additional duty of Customs also. The same view has been followed by the Tribunal in case

Commnr. of Customs (Port), Chennai Vs. Toyota Kirloskar Motor Pvt. Ltd ...

Court : Supreme Court of India

Subject : Customs

Acts : Central Excise Act, 1944 - Sections 2(22), 2(23), 14, 14(1), 14(1A), 46, 50 and 156; Customs Act, 1962; Customs Tariff Act, 1975; Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 - Rules 3, 4, 5 to 8, 9, 9(1) and 9D

Reported in : 2007(119)ECC326; 2007LC326(SC); 2007(213)ELT4(SC); 2007(8)SCALE151; (2007)5SCC371; 2007(2)LC834(SC)

the imported goods. It was submitted that a conjoint reading of the provisions of Section 14(1) of the Central Excise and Salt Act, 1944 and Rules 3, 4 and 9(1)(c) of the Rules, would clearly show that the … assessment in the following terms:14. Valuation of goods for purposes of assessment.-(1) For the purposes of the Customs Tariff Act, 1975 (51 of 1975), or any other law for the time being in force whereunder a duty … for the manufacture of the licensed products from among those stipulated in appendix- C attached hereto. (b) Any technical know-how, information, data, etc. furnished to … Customs Act, 1962 (for short, 'the Act') was enacted to consolidate and amend the law relating to customs. The terms 'goods' and 'import' have been … in original dated 31.01.2003 holding : (1) In view of Articles 3 and 4 of the agreement,

Commissioner of Central Excise Etc. Vs. m/s.aishwarya Industries Throu ...

Court : Supreme Court of India

Subject : Excise

in classification still persists, then the other rules for Interpretation may be resorted to (iii).9. CHANGES BROUGHT42IN BY CENTRAL EXCISE TARIFF (AMENDMENT) ACT, 2004:- Central Excise Tariff (Amendment) Act, 2004 which came into force with effect from 28.02.2005 brought in significant changes … Supplementary Notes :1. In this Chapter, “edible grade”, in respect of a goods (i.e. edible oil) specified in Appendix B to the Prevention of Food Adulteration Rules, 1955, means the standard of quality specified for such goods … perfumery, cosmetic or toilet preparations, sulphonated oils or other goods of Section VI; or (f) Factice derived from oils (Chapter 40). 2. Soap­stocks, oil foots

Commissioner of Central Excise Vs. M/S. Madhan Agro Industries (I) Pvt ...

Court : Supreme Court of India

Subject : Excise

in classification still persists, then the other rules for Interpretation may be resorted to (iii).9. CHANGES BROUGHT42IN BY CENTRAL EXCISE TARIFF (AMENDMENT) ACT, 2004:- Central Excise Tariff (Amendment) Act, 2004 which came into force with effect from 28.02.2005 brought in significant changes … Supplementary Notes :1. In this Chapter, “edible grade”, in respect of a goods (i.e. edible oil) specified in Appendix B to the Prevention of Food Adulteration Rules, 1955, means the standard of quality specified for such goods … perfumery, cosmetic or toilet preparations, sulphonated oils or other goods of Section VI; or (f) Factice derived from oils (Chapter 40). 2. Soap­stocks, oil foots

Director General of Foreign Trade and Anr Vs. M/S Kanak Exports and An ...

Court : Supreme Court of India

Subject : Land Acquisition

No.343 of 2009 Writ Petition (Civil) No.246 of 2010 Export Import (EXIM) Policy 2002-2007 was framed by the Central Government under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (hereinafter referred to as the … Authority who has issued the certificate with a copy to the jurisdictional excise authorities. It also provided that: In terms of para 3.2.5 of Handbook … | | | |(EOU) and other exports (called | | | |Domestic Tariff Area or DTA | | | |exports) primarily because of the | … subsequent to the decision of the High Court, the State Legislature has enacted the Andhra Pradesh Tenancy Laws (Amendment) Act, 1979 - Act 2 of 1979, whereby Section 93 of the Act has been amended and the provisions … made thereto vide Notification No.28 dated January 28, 2004. On the same day, Public Notice No.40(RE-2003)/2002-2007 was … specified items. However, some amendments were made thereto vide Notification No.28 dated January 28, 2004. On the … CIS/ sub Saharan Africa as| | |listed in Appendix-17C, units having ISO | | |9000 (series)/ WHOGMP/