Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxvi aluminium and articles thereof Page 6 of about 1,811 results (0.313 seconds)

Federation of Hotels and Restaurants Association of India and Others V ...

Court : Delhi

..... of goods and service tax ( gst ), from 2012 onwards the government of india has allowedunrestricted cenvat credit of service tax paid on input services and credit of duty paid on inputs (goods other than those falling under the central excise tariff chapter 22) ..... the petitioners in short is that after constitution (forty-sixth amendment) act, 1982 which inserted clause 29a (f) in article 366 defining tax on sale or purchase of goods to include 'a tax on the supply,by way of or as part of any service, of food or any drink for cash, deferred payment or other valuable consideration', all aspects of the transaction of sale of food and beverages by the members of petitioner no.1 to their customers ..... a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration; (f) a tax on the supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service, is for ..... act 2004 defines 'sale' thus: "(zc) sale with its grammatical variations and cognate expression means any transfer of property in goods by one person to another for cash or for deferred payment or for other valuable consideration (not including a grant or subvention payment made by one government agency or department, whether of the central government or of any state government, to another) and .....

Hindal Co Industries Limited Vs. The Union of India

Court : Mumbai

..... "excisable goods" means goods specified in the first schedule and the second schedule to the central excise tariff act, 1985 (5 of 1986) as being subject to a duty of excise and includes salt; explanation - for the purposes of this clause, "goods" includes any article, material or substance which is capable of being bought and sold for a consideration and such goods shall be deemed to be marketable." 10 ..... with the amendment in section 2(d) of the central excise act, 1944, the produce aluminium dross and skimming are deemed to be marketable ..... (ii) which is specified in relation to any goods in the section or chapter notes of the first schedule to the central excise tariff act, 1985 (5 of 1986) as amounting to manufacture; or (iii) which, in relation to the goods specified in the third schedule, involves packing or repacking of such goods in a unit container or labelling or re -rebelling of containers including the declaration or alteration of retail sale price on it or adoption of any other treatment on the goods to render the product marketable to the consumer; and the word "manufacture" shall be construed accordingly ..... i deny that the entire quantity of aluminium ingot was used by them in the manufacture of aluminium sheets as is sought to be alleged, as part thereof was used in the manufacture of by -products, viz ..... arose from a judgment and order of the customs, excise and service tax appellate tribunal, new delhi, dated 25th june, 2004. ..... , : (2005) 1 scc 264 : 2004 (174) e. l. t. .....

Global Energy Ltd. and anr. Vs. Central Electricity Regulatory Commiss ...

Court : Supreme Court of India

Reported in : 2009AIRSCW5121; AIR2009SC3194; 2009LC(SC)227; JT2009(11)SC164; 2009(8)SCALE108; 2009(5)LC2521(SC)

..... amendment act 16 of 1976 was struck down, holding: (1) the executive while making a subordinate legislation should not be permitted to open new heads of public policy, (2) the doctrine of public policy itself being uncertain cannot be a guideline for anything or cannot be said to be providing sufficient framework for the executive to work under it, (3) essential functions of the legislature cannot be delegated and it must be judged on the touchstone of article 14 and article 246 of the constitution, and (4) only the ancillary and procedural powers can be delegated and ..... act was enacted to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalization of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of central electricity authority, regulatory commissions and establishment of appellate tribunal and ..... be dealt with within a reasonable time but on that account the applicant would not be clothed with a right for disposal thereof, stating:.no one has a vested right to the grant or renewal of a lease and none can claim a vested right to have an application for the grant or renewal of a lease dealt with in a particular way, by .....

The Coffee Board Vs. Commissioner of Commercial Taxes and ors.

Court : Karnataka

Reported in : ILR1986KAR1365; 1985(2)KarLJ397; [1985]60STC142(Kar)

..... under section 6 of the act cannot be levied, such a construction alone would subserve the purposes of article 286 of the constitution and section 5 of the cst act before or after its amendment by the central sales tax (amendment) act, 1976 ('cst amendment act'). 85. ..... and justice', 1977 edition, on the topic 'freedom of contract' pages 251 to 254 of chapter 5 'individual interests or conditions of individual life in society' and again on topic 'positive action for the adjustment of conflicts with economic security, efficiency and progress' pages 467-469, (2) human law and human justice of the same author on the topic 'traditional legal restraints on abstract liberty in order to secure liberty of contract' pages 96 and 97 of chapter 3 'metaphysical individualism'; and ..... and that 'all the commodity', so delivered shall be deemed to have been delivered to the board for sale by the board, 'who shall account to the growers thereof for the proceeds thereof after making all lawful deductions therefrom for expenses and outgoings and deductions of all kinds in consequence of such delivery and sale or otherwise under these acts ..... and 12 of the coffee act regulate the levy and payment of customs and excise duties on the coffee produced and exported from the country and ..... chittar mal : [1971]1scr671 that even if in respect of the place of delivery and the place of payment of price, there could be a consensual arrangement, the transaction will not amount to a sale (at page 348 of stc, 2004 of air). .....

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 .....

State of West Bengal Vs. Union of India

Court : Supreme Court of India

Reported in : AIR1963SC1241; [1964]1SCR371

..... article 298, which was substituted by the constitution (seventh amendment) act, 1956, extends the executive power of the union and of each state to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose subject to the legislative powers of the union, or of the state, as the case may be. ..... he deprived his authority from the british crown, and was subject to the directions which the central government gave to carry into execution acts of the central legislature in the concurrent list and for the maintenance of means of communication, and in respect of all matters for preventing grave menace to the peace or tranquility of india or part thereof. ..... power of taxation (which is exercisable by the states in comparatively minor fields, the more important such as income-tax, wealth-tax, excise-duties other than those on certain specified articles, and customs, being reserved to the union) conferred by various entries under list ii on the states is also severely restricted. ..... chapter iii of part xii deals with acquisition of property, assets, rights, liabilities and obligations in certain cases; under art. ..... chapter i of part xiv provides for the mode of recruitment and regulation of conditions of service of different services in the union and the states. ..... chapter ii of part xi provides for the control of the union over the states in certain specified cases. .....

Tulsiwadi Navnirman Coop. Housing Society Ltd. and anr. Vs. State of M ...

Court : Mumbai

Reported in : 2008(1)ALLMR318; 2008(1)BomCR1; (2007)109BOMLR2493; 2007(6)MhLj851

..... the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 provides for appeal as and by way of an alternate equally efficacious remedy only in following cases:(1) chapter 1a which has been introduced by the maharashtra amendment act 4 of 1996 as a special provision for ..... section 3z states that notwithstanding anything contained in the act, on and after the commencement of the amendment act, no protected occupier shall, save as provided in sub-section (2), be evicted, ..... ;(g) proposals for designation of sites for service industries, industrial estates and any other development on an extensive scale;(h) preservation, conservation and development of area of natural scenery and landscape;(i) preservation of features, structures or places of historical, natural, architectural and scientific interest and educational value and of heritage buildings and heritage precincts;(j) proposals for flood control and prevention of river pollution;(k) proposals of the central government, a state government, planning authority or public utility undertaking or any other authority ..... the high court under article 226 of the constitution is couched in wide terms and the exercise thereof is not subject to any restrictions except the territorial restrictions which are expressly provided in the article. ..... deputy excise commissioner the supreme court observed that the writ jurisdiction of the high courts under article 226 of the constitution of india is not intended to facilitate avoidance .....

S. Pushpa and ors. Vs. Sivachanmugavelu and ors.

Court : Supreme Court of India

Reported in : AIR2005SC1038; 2005(5)ALLMR(SC)803; (2005)3CALLT71(SC); 2005(2)CTC708; 2005(2)ESC173; [2004(102)FLR642]; JT2005(2)SC137; (2005)3MLJ1(SC); (2005)3SCC1; 2005(2)SLJ347(SC); 20

..... article 239 and article 239a which was inserted by the constitution (fourteenth amendment) act ..... former french establishments, who immediately before the appointed day, were exercising lawful function in connection with the administration of those establishments or any part thereof, including the council of government and representatives assembly, shall, unless otherwise directed at any time by the central government or the administrator in relation to any such court, tribunal, authority or officer, or until other provision is made by law, continue ..... been laid by learned counsel for contesting respondents upon the expression 'in relation to that state or union territory, as the case may be' occurring in clause (1) of article 341 of the constitution, and it has been urged that only such of the castes as are mentioned in the schedule appended to the constitution (pondicherry) scheduled castes order 1964 issued by the ..... for scheduled castes on the post of selection grade teachers in the selection held in the year 1995 in the union territory of pondicherry was declared as illegal and invalid, and a further direction was issued to review the selection process with regard to the reserved quota by excluding the migrant scheduled caste candidates who had migrated after ..... scheduled castes and scheduled tribes in filling vacancies in posts and services under the government of india are as in the enclosure (chapter ii of the brochure on the reservation for scheduled castes and scheduled tribes .....

Indian Hotel and Restaurants Association (AHAR), an Association duly r ...

Court : Mumbai

Reported in : 2006(3)BomCR705

..... the activities contemplated by the amending act fulfils the constitutional mandate of articles 23, 37, 39(e) and 51a(e) of the constitution of india and is essential in the interest of the general public and is eminently necessary and reasonable. 75. ..... due to the impact of the bar culture, a vigorous agitation conducted by women wing of shetkari kamgar party against the same on 5th may, 2004 and rasta roko agitation, the representation given by them to the district superintendent of police shri dnyaneshwar fadtare with a demand that all the ladies bars in the district shall be ..... its appointment or constitution, its procedure and other matters ancillary thereto, and the fees (whether in the form of court fee stamp or otherwise) to be charged for the scrutiny of such performances or scripts for applications for obtaining such certificates and for issuing duplicates thereof and in respect of such appeals;] (iv) regulating the hours during which and the places at which such performances may ..... sex exploitation and children issued various directions to the state government and central government to constitute committees and set up ..... the provisions of the act, rules and license conditions are not breached, in a like manner of posting an excise officer, where exciseable goods are stored.82. ..... any dangerous exhibition or display of a performance or games with wild beast, except in so far as it is an interim of performance in a circus, which shall be governed by rules in chapter xiii of these rules. .....