Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxvi aluminium and articles thereof Court: chennai Page 1 of about 52 results (0.169 seconds)

Bakelite Hylam Ltd. Rep. by Manager-taxation Vs. the Customs, Excise a ...

Court : Chennai

Reported in : 2008(161)LC183(Madras)

..... the petitioner had filed a classification list in the year, 1988, claiming classification of alkyd resins under chapter sub-heading 3907.50 of the central excise tariff act, 1985. ..... according to rule 173b, as it stood before its amendment, on 16.3.95, all assessees were required to file, with the proper officer, a classification list giving the full description of the excisable goods produced or manufactured or to be produced or manufactured by them, the chapter heading and the sub-heading of the tariff act under which such goods would fall, the rate of duty leviable on them and all other particulars as may be required by the collector. ..... of the product by the assessee had resulted in short-payment, which is liable to be demanded, under the proviso to section 11a of the central excise and salt act, 1944, which envisages payment of duty short-paid for an extended period of five years, the show cause notice, dated 24.11.93, issued to the petitioner, relating to the duty demand and the penalty under the central excise act and the rules framed thereunder, for the period 1.6.88 to 28.2.93, is valid, as it has been issued in accordance with law. 20. ..... in such circumstances, the petitioner company had preferred the present writ petition before this court, under article 226 of the constitution of india. 7. ..... union of india 2004(168) e.l.t. 3 (s.c.).30. ..... ltd : 2004(163)elt290(sc) (s.c. ..... union of india 2004(168) e.l.t. 3 (s.c. .....

PNL Depositors' Welfare Association, Registered No. 94/2005, rep. by S ...

Court : Chennai

Reported in : 2005(4)CTC469; [2005]64SCL115(Mad)

..... having heard the learned counsel for the petitioner as well as for the respondents herein, in order to appreciate the submissions made, it would be worthwhile to refer to sections 13(4) and (6) as amended by the enforcement of security interest and recovery of debts laws (amendment) act, 2004, which reads as under:'13(4). ..... vijaya bank, pondicherry, ariyur sarkarai alai thozhilalar nala sangam, pondicherry, bank of baroda, pondicherry and the commissioner of central excise, pondicherry commissionerate respectively stand dismissed as their interests are not germane to the main prayer in the writ petition and inasmuch as the writ petition itself stands disposed of on the terms mentioned above. ..... 1 of 2005) as well as chapter iii-b of the reserve bank of india act, 1934, the writ petitioner as well as the association of depositors and its members have got efficacious alternative remedy for the redressal of their grievances at against the 6th respondent and in the circumstances, exercising jurisdiction under article 226 of the constitution, there is no scope to consider the prayer of the petitioner in this writ petition. ..... any transfer of secured asset after taking possession thereof or take over of management under sub-section (4), by the secured creditor or by the manager on behalf of the secured creditor shall vest in the transferee all rights in, or in relation to, the secured asset transferred as if the transfer had been .....

Nirma Limited. Vs. Saint GobaIn Glass India Limited and ors.

Court : Chennai

..... sections 9a and 9c of the act, which were introduced by the customs tariff (amendment) act, 1995 enabling the imposition of anti-dumping duty on dumped articles, were inserted by the parliament pursuant to the general agreement on tariffs and trade, 1994, which is based on the wto agreement, india being one of its signatory, as it was ..... sufficient opportunity to all the interested parties and in fact written submissions have been made; that such recommendation has to be considered by the central government and the affected parties can always raise their objections before the government, which alone can impose the duty; and that under section 9c of the act, an appeal lies to the customs, excise and service tax appellate tribunal (cestat) against ..... is made applicable only in cases where the producers are related to the importers or exporters of the alleged dumping article or themselves imported thereof and hence, the term "only" cannot be taken in a restrictive sense, which, according to him, would be against ..... in the manufacture of detergents, soaps, cleaning compounds, sodium based chemicals, float glass, container and specialty glasses, silicates and other industrial chemicals; and is widely used in textiles, paper, metallurgical industries and desalination plants and the said soda ash is classified under chapter 28 of the act under subheading no.2836.20. ..... aluminium capacitors from japan, the community authorities took into account the fact that the imports were not resold and ..... 2004 .....

Consumer Action Group Rep. by Its Trustee Tara Murali Vs. the State of ...

Court : Chennai

Reported in : 2006(4)CTC483

..... pass the following order:i) the amendments to section 113-a of the tamil nadu town and country planning act, 1971 by amending acts 31 of 2000, 17 of 2001 and 7 of 2002 and the consequential amendments to the application, assessment and collection of regularisation fee (chennai metropolitan area) rules, 1999 as far as applicable to the constructions made after 22.2.1999 are hereby declared ultra vires articles 14 and 21 of the constitution. ..... any land or building or class of lands or buildings developed immediately before the date of commencement of the tamil nadu town and country planning (amendment) act, 1998, (hereafter in this section referred to as the said date) in the chennai metropolitan planning area, from all or any of the provisions of this act or any rule or regulation made thereunder, by collecting regularisation fee at such rate not exceeding twenty thousand rupees per square metre ..... chapter - iii deals with the planning authorities and its plan, chapter - iv deals with the acquisition and disposal of that land, chapter - v contains special provision regarding new town development authority and chapter - vi refers to control of development and ..... were taken to stop the misuser.as regards the ad hoc trade registration scheme, 2004, which was introduced by the mcd for regularisation of the unlawful constructions, the court observed in paragraphs 65 and 66 as follows:65. ..... areas and the colonies abovereferred themselves show that the so-called registration scheme, 2004 can .....

Adhiyaman Educational and Research Institutions Vs. the State of Tamil ...

Court : Chennai

Reported in : AIR1991Mad246

..... government will have its own yardstick in deciding the suitability of any technical institution for being approved and this will be against the object and very purpose of the act 52 of 1987 and it will defeat the object and very purpose of the act".however, the learned judge look the view that the university could take action under statute 44(a) in chapter xxvi of volume 1 of the calendar of the university of madras on the ground that one of the conditions imposed ..... 372 of the constitution of india and it stood altered or repealed or amended by the parliament by the passing of the central act. ..... power to legislate in respect of medium of instruction, in so far it has a direct bearing and impact upon the legislative head of co-ordination and determination of standards in institutions of higher education or research and scientific and technical institutions, must also be deemed by item 66 list i to be vested in the union.the state has the power to prescribe the syllabi and courses of study in the institution named in entry 66 (but not falling within entries 63 to 65) and as an incident thereof it has the power to indicate the medium in which instruction should ..... when the main article empowers the state government to pass an executive order with reference to matters covered by entry 25 in list iii, the proviso has the same effect as art. .....

Coimbatore Stock Exchange Limited Represented by Its Director Ashok Lu ...

Court : Chennai

Reported in : [2007]137CompCas863(Mad); [2007]74SCL1(Mad)

..... , after bringing forth the relevant amendments to the articles of such company to enable them to become a stock exchange cannot be reversed unilaterally by the said stock exchange and any amendment to the articles of the stock exchange could be made only with the approval of central government/sebi as per section 4(5) ..... to show cause as to why action should not be taken against the council of management of csx under the relevant provisions of the act and there is no colourable exercise of power and it is not correct in contending that no trading activities are being carried out by the members of csx since 1999 as the annual ..... began in the year 2004 has till date not been completed because even by 1999, there was nil trading activity in csx and by 2004-2005, on a review of the trading patterns of the other rses and the reach and popularity of the nse and bse, it became apparent by 2004 that, having a stock exchange in coimbatore would serve no purpose and all the efforts of ..... thereof, when section 11 provides for a hearing to be given and that an order of supersession being passed only after mandatorily giving a hearing and as such, an order under section 11 purporting to be in the guise of a direction under section 12a cannot be issued and it is a clear case of abuse of and ..... amendment of section 68 by inclusion of delegation of the functions of the commissioner under sections 105b to 105e does not indicate the intention that the judicial or quasi-judicial powers contained in chapter .....

S. Balasubramanian Vs. State of Tamil Nadu and Others

Court : Chennai

Reported in : AIR1995Mad329

..... it was also contended that after the 44th amendment act, 1978 so far as the powers, privileges and immunities of the house or the members and committees thereof are concerned they shall, until defined by the legislature concerned by law, be those of the house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty-fourth amendment) act, 1978 and having regard to the consistent practice, the legislature was holding the view that publications similar to the ..... on that premise, it was also held that it would be unreasonable to contend that the general warrant issued by the house in this country possessed any conclusive character and consequently it would be futile to contend in the teeth of articles 226 and 32 which admit of no exception that a citizen cannot move the high court the supreme court to invoke their jurisdiction even in cases where his fundamental rights have been violated. ..... in the light of our declaration that the indictment as well as imposition of sentence on the petitioner and consequential arrest and his detention in the central prison from 4-4-1987 till he was released on 6-4-1987 was unconstitutional and void in law, the petitioner is entitled to redress; in the shape of 'monetary amends' under the public law for the wrong done to the citizen. ..... it is evident, from the chapter in which art. .....

Sri Sabhanayagar Temple Represented by Its Secretary, Podhu Dheekshadh ...

Court : Chennai

Reported in : (2009)8MLJ1503

..... they have not accounted all the lease amounts either to the executive officer or to the court, as directed, which means that the offerings made by devotees were swallowed by them and the gold articles and jewels belonging to the deity were not properly accounted; that the donations received from the worshippers have not been properly accounted, that the direction of the court that every three months ..... proceeded to observe as follows:looking at from the point of view, whether the podhu dikshitars are a denomination, and whether their right as a denomination is to any extent infringed within the meaning of article 26 it seems to us that it is a clear case, in which it can safely be said that the podhu dikshitars who are smartha brahmins, form and constitute a religious denomination or in any event, a section thereof.this observation, by itself, cannot be regarded as a finding recorded on the issue as to whether the ..... act, the government published the notification declaring the institution to be subject to the provision of chapter vi of the act ..... has held that introduction or making any amendment in h.r. ..... was finally taken up on 01.11.2004, nearly seven years from the date of disposal of the writ petition, smartly a peculiar prayer, diametrically opposed to what was argued before the learned single judge, was placed before the division bench praying that the writ petitioner/appellant herein wanted to file a revision petition before the government under section 114 of the hr & ce act. .....

Gowri Spinning Mills (P.) Ltd. Vs. Assistant Provident Fund Commission ...

Court : Chennai

Reported in : (2007)ILLJ140Mad

..... company is pending, then, notwithstanding anything contained in the companies act, 1956, or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof and no suit for the recovery of money or for the enforcement ..... a reference was made to the amended section 14b of the epf act which empowers the central provident fund commissioner to recover damages where default had been committed in the payment of any contribution to the fund and such damages can be reduced or waived in respect of a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the bifr, but no protection has been provided thereunder as regards the contribution of the employees and/or the employer.10. ..... in the meantime, the assistant provident fund commissioner determined the provident fund contribution by the appellant under section 7a of the epf act for period from august 1, 2003, to june 30, 2004, in tn/sl/enf-iii/21284/kr1/ii/2004 dated august 6, 2004. ..... chapter iii of the sica deals with 'references, inquiries and schemes'. .....

Ruchi Soya Industries Limited Vs. Commercial Tax Officer and ors.

Court : Chennai

Reported in : (2008)12VST546(Mad)

..... 54, list ii of the seventh schedule to the constitution of india and ultra vires entry 92b of list i of the seventh schedule to the constitution and void as repugnant to article 14, violative of article 301 and not saved by article 304(b) of the ..... collector of central excise, learned senior counsel submits that the phrase 'in circumstances in which no tax is payable' has to be understood as ..... in 1993, by section 8 of the tamil nadu general sales tax amendment act 25 of 1993, with effect from march 12, 19 words 'every dealer' in sub-section (1), the words 'subject to the of sub-section (1) of ..... was that the question regarding the validity of chapter iva on the ground of infringement of article 19(1)(f) was not raised in the earlier writ petitions and hence, re-agitated the same. ..... 29700 of 2004 before this court for a writ of declaration that the power of the state to levy purchase tax under section 7a on goods purchased, the sale of which enjoyed exemption under the notification issued under section 17 and sent on consignment basis to outside the state otherwise by way of sale under section 7a(1)(c) of the tamil nadu general sales tax act, 1959 is unconstitutional and beyond the legislative competence of the state under entry .....