Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxvi aluminium and articles thereof Court: kolkata Page 1 of about 21 results (0.149 seconds)

R.K. Refineries and Metal (P) Ltd. and anr. Vs. General Manager, India ...

Court : Kolkata

Reported in : 2007(4)CHN18

..... for proper adjudication of this case the provisions of sub-heading 7404.00 of chapter 74 of the schedule to the central excise tariff act, 1985 are quoted below:chapter 74copper and articles thereofheading no. ..... for proper adjudication of the matter the chapter-note 3 and the provisions of sub-heading 2620.00 of chapter 26 of the schedule to the central excise tariff act are quoted below:chapter 26ores, slag and ash3. ..... section note 6(a) of section xv of the central excise tariff act, 1985 the expression 'waste and scrap' have the meaning assigned to them as follows:section xvbase metals and articles of base metal6. ..... reported in : 1995(77)elt268(sc) that aluminium dross and skimming are not even waste or scrap and they are not goods at all as understood in commercial parlance and therefore they are not assessable under the central excise tariff act, 1985. ..... reported in : 2004(165)elt386(sc) that zinc dross, flux skimming and zinc scaling were not excisable goods under the provisions of central excise tariff act, 1985. ..... 19/88/ce dated march 1, 1988, as amended by notification no. ..... 19/88-ce, dated 1.3.1988 as amended by notification no. ..... 19/88- ce dated march 1, 1988 as amended by notification no. ..... 19/88-ce dated march 1, 1988 as amended by notification no. ..... 19/88/ce dated march 1, 1988 as amended by notification no. ..... 19/88/ce dated march 1, 1988 as amended by notification no. .....

Dolat Electric Corporation and anr. Vs. Commercial Tax Officer and ors ...

Court : Kolkata

Reported in : (2009)25VST352(NULL)

..... in diameter, and this may be taken as indicating roughly the upper limit of dimension for wire.the relevant portion from central excise tariff of india 1991-92 reads as follows:(e) stainless steel:alloy steels containing by weight 1.2 per cent or less of carbon and 10.5 per cent or more of chromium, with or without ..... the said goods were assessed by the customs authorities under chapter 72 of the customs tariff act, 1975, dealing with iron and steel goods, heading 72.23 as 'wire of stainless ..... relied upon the case of the sister concern of the present petitioner before the authority and further relied physical and chemical composition and characteristics of the said goods, glossary of terms relating to iron and steel published by the bureau of indian standards and various isi specifications and other literature to show that the said goods were stainless steel wire irrespective of its being used, inter alia, for making resistance articles. ..... entry read as follows:aluminium:(a) wire bars, wire roads and castings, not otherwise specified.it was contended, on behalf of the appellant, inter alia, that, commercially, properzi rods are not known as wire rods in the trade and that a person wanting to purchase properzi rods asks specifically for properzi rods and not for wire rods ..... court, while considering section 14(iv) of the central sales tax act, before amendment, dealing with iron and steel, in state of tamil nadu v. ..... ' do not cease to be pipes and tubes ; they are only a species thereof. .....

West Bengal State Warehousing Corporation Vs. Indrapuri Studio (P) Ltd ...

Court : Kolkata

Reported in : 2006(1)CHN154

..... that notwithstanding anything contained in section 12 --(1) in the case of an entire premises which was constructed after the commencement of the west bengal premises requisition and control (temporary provisions) (second amendment) act, 1963, the amount payable annually shall not exceed 6% per cent of the sum total of the cost of construction of such premises and the market price of the land on the date of commencement of construction, together with one-half of the total amount of municipal rates ..... moreover, in the land acquisition act, a specific chapter is there providing acquisition of land for company and local authority and section 50 sub-section (2) of the land acquisition act recognizes right of such company and local authority to participate in proceedings and give evidence. ..... when the arbitrator has made his award, he shall sign it and shall give notice in writing of the making and signing thereof to the parties to the reference. ..... reported in : 1997(91)elt502(sc) , locus standi of a party to file appeal against the order passed under a statute has to be determined under the provisions of that statute and not on the analogy of the locus standi in public interest litigation under article 32 or 226 of the constitution of india.16. .....

Paschimbanga Bhumijibi Krishak Samiti and ors. Vs. State of West Benga ...

Court : Kolkata

Reported in : (1996)2CALLT183(HC),100CWN900

..... '177. this aspect of the matter has also been considered in jillubhai (supra) wherein the taking over of mines and minerals under the provisions of bombay land revenue code and land tenure abolition laws (gujarat amendment act, 1982) was held to be protected under article 31a and 31c of the constitution of india holding :-' the amendment act received, its protective canopy of ninth schedule in entry 219 thereof through the constitution 66th amendment act, 1990, with effect from ..... be deemed to be lands owned by the author of the trust or endowment and such author shall be deemed to be a raiyat under this act to the extent of his share in the said lands, and the share of such author in the said lands shall be taken into account for calculating the area of lands owned and retainable by such author of the trust or endowment, and for determining his ceiling area for the purpose of this chapter.explanation - the expression 'author of trust or endowment ..... v. union of india reported in : [1964]1scr371 , had applied the doctrine of eminent domain' holding that the central government has the right to acquire the property belonging to the ..... reference in this connection has been made in the matter of cauvery water disputes tribunal reported in : air1992sc522 , indian aluminium co. v. ..... no. 2004/92, f.m.a.t. .....

Gms Marine Company Limited Vs. the Owners and Parties Interested in th ...

Court : Kolkata

..... the court relied on the royal nepal airlines corporation judgment of a division bench of this court : air 1966 cal 319 and on article 14 of the constitution of the kingdom of saudi arabia that provided that all the wealth under the ground or on the surface or in the national territorial waters in the land or maritime domain in that country was ..... the foreign state, the division bench agreed with the trial court that section 86 of the code, as it then stood (prior to the 1976 amendment, section 86 covered a ruler of a foreign state and not expressly the foreign state), but found that the suit was barred by the general principles of international law which formed part of indian law. ..... an agreement where a foreign state is a party contains an arbitration clause to which part i of the arbitration and conciliation act, 1996 applies, a petition under any of the provisions of part i of the said act cannot be resisted on the count that prior leave of the central government under section 86 of the code was necessary. ..... be conferred the jurisdiction to undertake the function of adjudication of certain classes of actions as may ordinarily be specified for it by a statute; usually the subject-matter of a forum's authority and the extent thereof (for example, pecuniary and territorial) are also statutorily laid down. ..... have also referred to the united nations convention on jurisdictional immunities of states and their property, 2004 to which india is a signatory but it has not been ratified in this .....

Ms. Dharampal Satyapal Limited Vs. the Assistant Commissioner, Commerc ...

Court : Kolkata Appellate

..... subheading 24039990 of the central excise tariff act, 1985 covering pan masala containing tobacco has not been mentioned in the said clause-(ix) of section 14 of the central sales tax act, 1956. ..... there is no dispute that the central excise act, 1944 (the 1944 act) is enforceable on manufacture of pan masala, chewing tobacco, guthka or other tobacco products as provided in the central excise tariff act (the 1985 act). ..... by the finance act, 2001, note 3 of the chapter 21 was amended and by such amendment, pan masala, not containing tobacco, alone is assessable under tariff item no.2106. ..... at this stage, the following general rules for interpretation given in the first schedule of excise tariff is relevant and the same is quoted below:2(a) - any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as presented, the incomplete or unfinished article has the essential character of the complete or finished article. ..... after the coming into operation of the finance act, 2001, pan masala, containing tobacco, was classified in chapter 24 as a tobacco product as stated in note-6 thereof and assessable under tariff heading 2404.49. ..... in the case before us, we are concerned with the assessment for the four quarters ending march 31, 2004 and thus, the amended provision of finance act, 2001 is applicable.7. .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... he pointed out in the said decision that the bihar excise ( amendment and validating) act, 1995 vested the power of price fixation to be done by the commissioner of central excise vide letter dated 19th february 1990 and 20th february 1990 which were issued after negotiations with the distillers. ..... we further hold that after the constitution forty-fourth amendment act has come into force, the right to property in articles 19(1)(f) and 31 had its obliteration from chapter iii, fundamental rights. ..... kc ittop & son reported in (2000) 6 scc 394 where the supreme court held as follows :when it is admitted by both sides that the appellant was inducted into the possession of the building by the owner thereof and that the appellant was paying monthly rent or had agreed to pay rent ..the legal character of the appellants possession has to be attributed to a jural relationship between the parties. ..... reported in (2004) 1 scc 712 and specifically pointed out paragraph 16 of the said decision.341. ..... kesoram industried (2004) 10 scc 201;2. ..... ajit singh);(d) (2004) 1 scc 1 pr 20 (state of u.p. ..... 2004 (1) scc 467 (para 16) (state of u.p. .....

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... . abdul wahab, the hon'ble supreme court held that the parliament enacted amendment act 68 of 1984 prescribing the procedural steps in publication of the notification under section 4(1) and declaration under section 6 without prescribed time-limit with consequences of non-compliance thereof and in section 11a declaring that if the steps respectively prescribed therein are not taken, the acquisition entails ..... ble supreme court held that the possession was taken over by the state of the immovable property of the owner within the meaning of article 31(ii) the court also held that the procedure prescribed by section 7 is mandatory and since admittedly there was no compliance with it no lawful demand could be made for the amount payable by any land holder or by the central or state government at the instance of the central government without recourse by the machinery provided by section 7 ..... . after considering the report the appropriate government may, subject to the provisions of chapter vii, if it is satisfied after considering the report, if any, made under section 5a, that any particular land is needed for a public purpose or for a company, make a declaration to that effect and upon publication the declaration is conclusive evidence that the land is needed for the public purpose or for the company, as the case may ..... ]; 2004(1) jt 284 (paras 74, 75 and 76) [john martin ..... ]; : (2004)2scc65 [supra] and : (1984)illj67sc ..... . in the decision reported in : (2004)12scc390 , medley minerals india ltd. .....

Bhowanipore Gujrati Education Society and anr. Vs. Kolkata Municipal C ...

Court : Kolkata

Reported in : AIR2009Cal140,(2008)4CALLT420(HC),2008(4)CHN420

..... insertion of articles 226, 227 and 228 in the constitution without making them subject to any law to be made by the appropriate legislature put these articles beyond the legislative reach of parliament and the state legislatures with the result that the jurisdiction conferred by these articles can only be curtailed or excluded with respect to any matter by a constitutional amendment and not ..... kb 171 at p.205(c):whenever any body or persons having legal authority to determine questions affecting the rights of subjects and having the duty to act judicially act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in ..... . apart from the specific powers in that behalf conferred under chapter ii, the chief justice is invested with and has the inherent power to refer any matter of some importance to a special division ..... the only caveat on the exercise of power under article 226 is that the high courts would be cautious and circumspect in exercise thereof to remove defects/decisions of the inferior tribunals which if permitted to ..... the vacation, passed an interim order by directing the receiver-cum-chairman of the asset sale committee, constituted by the tribunal by order dated february 11, 2004, which had been stayed by the subsequent order of status quo, to take step to expeditiously complete the sale of the disputed property, and at any rate, within eight weeks from the date of that interim order. ..... . central bank of .....

Kishwar Jahan and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(3)CHN857

..... the respondents in each case where interim relief is prayed for which might affect them, the cbi was well within its jurisdiction to note the contents of copy of the writ petition supplied to it and to act on the basis thereof, it has not been shown before this court that contents of copy of the writ petition supplied to the cbi by the petitioners was on any score different from the petition filed in court ..... kumar, dc, dd i: sri sukanti chakraborty, assistant commissioner of police (anti-rowdy section), lal bazaar and krishnendu das, sub-inspector, anti-rowdy section be forthwith be handed over and be conducted by the central bureau of investigation and wilh a further direction to the central bureau of investigation to submit a report of such investigations before the hon'ble court and on perusal of such report the hon'ble court may he pleased to pass appropriate order/orders ..... 2003(6) ild 468 wherein the high court ruled as follows:the power of the high court under article 226 cannot be whittled down, nullified, curtailed, abrogated, diluted or even taken away by judicial pronouncement or by legislative enactment or even by amendment of the constitution. ..... cbi was heavily relied on in support of the contention that police referred to in chapter xii of the code, for the purpose of investigation, would apply to the officer/officers of the dspe act and that on completion of investigation, report has to be filed by it in the manner provided ..... reported in : (2004)iillj834sc , bpl limited .....