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Aug 17 2009

Maruti Suzuki Ltd. Vs. Commissioner of Central Excise, Delhi-iii

Court : Supreme Court of India

Decided on : Aug-17-2009

Subject : Excise

Acts : Central Excise Tariff Act, 1985; CENVAT Credit Rules, 2002 - Rules 2, 3(1), 6, 6(1) and 14; Additional Duties of Excise (Textile and Textile Articles) Act, 1978 - Sections 3, 3(2), 4 and 4(2); Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3; Finance Act, 2001 - Sections 65, 66 and 136; Provisional Collection of Taxes Act, 1931; Finance Act, 2003 - Sections 157; Customs Tariff Act - Sections 3; Provisional Collection of Taxes Act, 1931; Finance (No. 2) Act, 2004 - Sections 91, 93, 95; Central Excise Rules, 2000 - Rules 3(1), 7, 9 and 16(2); CENVAT Credit Rules, 2004

Reported in : 2009(168)LC87(SC); 2009(240)ELT641(SC); JT2009(11)SC8; 2009(11)SCALE446; (2009)9SCC193; [2009]18STJ323(SC); [2009]22STT54; 2009(7)LC3257(SC)

of 2001);(vi) the Education Cess on excisable goods leviable under Section 91 read with Section 93 of the Finance (No. 2) Act, 2004 (23 of 2004);(vii) the additional duty leviable under Section 3 of the Customs Tariff Act, equivalent to the

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Nov 10 2017

M/S. Srd Nutrients pvt.ltd. Vs. Commissioner of cent.excise, Guwahati

Court : Supreme Court of India

Decided on : Nov-10-2017

Subject : Land Acquisition

associated with the aforesaid notification granting exemption from payment of excise duty.3) It so happened that vide Finance Act, 2004, the Education Cess and Higher Education Cess were also imposed, which are surcharge on the excise duty. These … Chapter, as the case may be.93. Education Cess on excisable goods. - (1) The Education Cess levied under section 91, in the case of goods specified in the First Schedule to the Central Excise Tariff Act, 1985 (5 … IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2781-2790 OF2010M/S. SRD NUTRIENTS PRIVATE LIMITED .....APPELLANT(S) VERSUS COMMISSIONER OF CENTRAL EXCISE GUWAHATI

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Jul 24 2007

Dharampal Premchand Ltd. and ors. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Decided on : Jul-24-2007

Subject : Service Tax

Reported in : (2007)(123)ECC254

be deposited in an Escrow Account. The Notification neither exempts Education Cess imposed under Section 91 of the Finance (No. 2) Act, 2004 nor it requires any amount equal to the Education Cess to be deposited in the Escrow Account.3. We

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Mar 27 2019

Bajaj Auto Limited Vs. Union of India

Court : Supreme Court of India

Decided on : Mar-27-2019

Subject : Land Acquisition

or those rules, as the case may be.” (emphasis supplied) 9. Sections 91 & 93 of the Finance Act, 2004 introduced the Education Cess as a duty of excise calculated on the aggregate of all duties of excise. … This education cess is introduced by Sections 91 to 93 of the Finance (No.2) Act, 2004. As per Section 91 thereof, education cess is the surcharge which the assessee is to pay. Section 93 makes it clear that

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Aug 26 2014

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Decided on : Aug-26-2014

Subject : Service Tax

the Education Cess on excisable goods leviable under section 91 read with section 93 of the Finance (No.2) Act, 2004 (23 of 2004)(via)(via) the Secondary and Higher Education Cess on excisable goods leviable under section 136 read with

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Aug 03 2007

Nawan Shahar Co-operative Sugar Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Aug-03-2007

Subject : Service Tax

Reported in : (2007)(122)ECC345

Excise Act, 1944, would also apply to education cess because education cess levied under Section 91 of the Finance (No. 2) Act, 2004, "shall be a duty of excise" as provided by Section 93(1) and the provisions of the Central Excise

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Dec 05 2006

Surbhi Industries Vs. Commissioner of Customs and

Court : Authority for Advance Rulings

Decided on : Dec-05-2006

Subject : Excise

Reported in : (2007)(208)ELT578AAR

(levied under Finance Act, 2005) and Education Cess (EC) @ 2% of aggregate of all duties (levied under Finance(No. 2) Act, 2004). Notification No. 56/2002-CE dated 14.11.02 as amended exempts 'Duty of Excise' levied under the First Schedule and the … any other law for the time being in force; so also a combined reading of Sub-section (1) of Section 91 and Sub-sections (1) and (2) of Section 93 of the Finance(No. 2) Act, 2004 shows that Education Cess,

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Aug 18 2006

Aravali Minerals and Chemicals Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Decided on : Aug-18-2006

Subject : Direct Taxation

Reported in : (2007)292ITR361(Jodh.)

minerals and ores specified in Twelfth Schedule). The bracketed portion of Clause (ii) has been inserted by the Finance (No.2) Act, 1991, w.e.f. 1st April, 1991. Thus it is clear that upto asst.yr. 1990-31, all minerals and ores, without … 1. This appeal by the assessee arises out of the order passed by CIT(A) on 10th Aug., 2004 in relation to the asst. yr. 2001-02.2. First ground is against the denial of deduction under Section 80HHC

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Oct 17 2006

In Re: Bell Packaging (India) Pvt.

Court : Authority for Advance Rulings

Decided on : Oct-17-2006

Subject : Service Tax

2001); (vi) the Education Cess on excisable goods leviable under Section 91 read with Section 93 of the Finance (No. 2) Act, 2004 (23 of 2004); (vii) the additional duty leviable under Section 3 of the Customs Tariff Act, equivalent to

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Nov 06 2006

Dinesh Agarwal and Sharad Agarwal Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Nov-06-2006

Subject : Service Tax

Reported in : (2007)(115)ECC38

No. 1 have filed declaration and immunity certificate has been issued to them under Section 91 of the Finance (No. 2) Act, 1998, the matter has been finally settled and as such, the same can not be made alive to … He relies upon the Division Bench decision of the Tribunal in the case of Paradeep v. CCE Bangalaore 2004 (148) ELT 599 TRI-Bang. He also relies upon the judgment of the Hon'ble High Court of Allahabad in

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