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A.P. Oil Millers Association and ors. Vs. Union of India (Uoi) and ors ...

Court : Andhra Pradesh

Subject : Constitution

Acts : Vegetable Oils Cess Act, 1983 - Sections 3 and 3(1); Cotton Copra and Vegetable Oil Cess Abolition Act, 1987 - Sections 13 and 13(1); Produce Cess Act, 1966; Constitution of India - Articles 14, 19, 21 and 226

Reported in : 1992(2)ALT135

(Abolition) Bill was introduced in Parliament proposing to amend the Produce Cess Act, 1966 and to repeal the Copra Cess Act, 1979 and the Vegetable Oils Cess Act, 1983. The Bill contained the following clause:13. 'Notwithstanding anything contained in the … Lakshmana Rao, J.1. The Petitioners are engaged in the manufacture and sale of vegetable oils. By virtue of Section 3 of the Vegetable Oils Cess Act, 1983 (Act No. 30 of 1983), cess is leviable on vegetable … connected therewith. This Act received the assent of the President on September 8, 1983. Under this Act, the Central Government is conferred power to constitute

B. Rajendra Oil Mills and Refinery Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : MRTP

Reported in : (1985)(21)ELT607TriDel

to be taken but where there is specific provision of appeal provided in the Act itself like the Copra Cess Act, 1979 and Produce Cess Act, 1966, the provisions of Central Excises and Salt Act, 1944, in this regard cannot … Section 9 of the Act. Assessments under Section 9 are made on the basis of returns filed under Section 8 of the said Act. Section 8 does not speak of the refund of cess. It is only Section

Tata Oil Mills Co. Ltd. Vs. Superintendent of Central Excise

Court : Chennai

Subject : Excise

Reported in : 1996(53)ECC41; 1995(80)ELT737(Mad)

Lakshmanan, J.1. The main prayer in the writ petition is for a declaration that the Copra Cess Act, 1979 (Central Act 4 of 1979) (hereinafter referred to as the Act) is unconstitutional, illegal and inoperative and for … in the mill. The cess was levied under the Produce Cess Act, 1966 (Central Act 15 of 1966). Section 3(2) thereof provided for the levy and collection as cess a duty of excise as prescribed in the … is a tax on consumption and not a duty falling under Entry 84 of List I of the 7th Schedule of the Constitution. He further

Chirukandan and ors. Vs. Superintendent, Central Excise and ors.

Court : Kerala

Subject : Excise

Acts : Copra Cess Act, 1979 - Sections 2, 3 and 3(1); (The Indian) Coconut Committee Act, 1944 - Sections 3; Produce Cess Act, 1966; Government of India Act, 1935; Sea Customs Act - Sections 20(2); Coconut Development Board Act, 1979 - Sections 4; Central Excise Act, 1944 - Sections 13, 14 to 17 and 19; Produce Cess Act, 1966 - Sections 15; Constitution of India - Articles 143(1), 189(1), 285, 289 and 289(1)

Reported in : 1984(15)ELT7(Ker)

only point urged before us at the bar on behalf of the petitioners. It is alleged that the Copra Cess Act, 1979, under which the petitioners are required to pay duty of excise on the copra consumed in their mills, … the Collector does not act upon the returns submitted. The order made by the Collector is appealable under Section 8 to an appellate authority. Section 9 provides for refund of cess. It reads :'Refund of cess oil exported

M/S. B.K. Industries and Others, Etc. Etc. Vs. Union of India and Othe ...

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 32 and 368; Vegetable Oils Cess Act, 1983 - Sections 3(1) and (4); National Oilseeds and Vegetable Oils Development Board Act, 1983 - Sections 4, and 9; Produce Cess Act, 1966; Copra Cess Act, 1979; Vegetable Oils Cess Act, 1983

Reported in : AIR1993SC2123; 1993(65)ELT465(SC); JT1993(2)SC709; 1993(2)SCALE541; 1993Supp(3)SCC621; [1993]3SCR51; [1993]91STC548(SC)

in the amendments made to the Produce Cess Act, 1966 (15 of 1966) or the repeal of the Copra Cess Act, 1979 (4 of 1979) or the Vegetable Oils Cess Act, 1983 (30 of 1983), by this Act, any duty … virtue of Sub-section (4) of Section 3 of the Cess Act, Rule 8 of the Central Excise Rules is attracted among other provisions of the … petitioners in this batch of writ petitions question the validity of the levy and collection of cess under Section 3 of the Vegetable Oils Cess Act, 1983 for the period commencing 1st March, 1986 and ending with

Milak Brothers Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 130E; Exports Control Order, 1968; Agricultural Produce Cess Act, 1940; Punjab Sales Tax Act; Tariff Act, 1934; Customs Tariff Act, 1975;

Reported in : AIR1990SC2256; 1991(31)ECC198; 1991(51)ELT204(SC); JT1990(4)SC508; 1990(2)SCALE727; 1991Supp(1)SCC71; [1990]Supp2SCR141; 1991(1)LC193(SC)

these goods are sold is tonne. This chapter deals with various types of oil seeds like soya beans, copra, linseed, rape Or colza seeds, sunflower seeds, palm nuts and kernels and other oil seeds and oleaginous fruits. … the roasted and salted peanuts/groundnuts exported by the assessee were not liable to cess under the Agricultural Produce Cess Act, 1940.(7) It is pointed out that the packed roasted seeds exported by the appellants are more value added … 14.2.1978, which was admitted and numbered as Civil Appeal No. 390 of 1979. Against the other orders of the Tribunal, the appellant has preferred appeals … of an electric eye sorter. The commodity thereafter goes to a frying section for being subjected to deep oil bath frying in an authomatic fryer. … duty 13 20 Groundnut: (i) Groundnut Kernel Rs. 810/1500 per tonne (ii) Groundnut in shell Rs. 600/1125

Collector of Central Excise Vs. Binny Ltd.

Court : Karnataka

Subject : Excise

Acts : Cotton Cess Act, 1923 - Sections 14; ;Produce Cess Act, 1966 - Sections 2 and 15(2); Produce Cess Rules, 1969 - Rule 6; Central Excise Rules, 1944 - Rule 10 and 10A

Reported in : ILR1990KAR3051

884 and 885 did not include cotton, audit only included oilseeds, and copra; that even though entry No. 5 relating to State of Mysore in … 31-3-1966 failing which the petitioner was informed that action will be taken under Section 13 of the Produce Cess Act, 1966 hereinafter referred to as the '1966 Act'. The petitioner has also sought for quashing the demand notice … Collector under the Act for a certain period is a good defence against a prosecution for non-compliance with Section 8 of the Act during that period. It does not, however, relieve the occupier of a mill from the