Destroyed - Year 2002 - Judgments

Jan 01 2002 (TRI)

Kirloskar Electric Co. Ltd. Vs. Commissioner of C. Ex., Bangalore

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT

Decided on: Jan-01-2002

Reported in: (2002)(141)ELT224Tri(Bang.)

..... dismantling the department issued a show cause notice demanding duty of excise on the motors destroyed on the ground that no prior permission for destruction was obtained and also demanding ..... 4 smt radha arun id departmental representative appearing for the revenue conceded that motors were destroyed after following the proper procedure but nevertheless modvat credit is not permissible since the .....

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Sep 20 2002 (TRI)

Commissioner of Central Excise Vs. Indchem Electronics

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Decided on: Sep-20-2002

Reported in: (2003)(86)ECC119

..... the respondents vehemently argued that the fact that the goods were destroyed in fire accident is not disputed by the department she ..... as already noted there was no dispute that the goods were destroyed by fire the survey report furnished by the surveyor appointed ..... not contested the claim of the assessee that the inputs were destroyed after the inputs were actually issued further there was also .....

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Nov 27 2002 (TRI)

Eid Parry (i) Ltd. Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Decided on: Nov-27-2002

Reported in: (2003)(154)ELT175Tri(Chennai)

..... as already noted there was no dispute that the goods were destroyed by fire the survey report furnished by the surveyor appointed by ..... this case the fact regarding fire accident and goods having been destroyed as a result thereof is not disputed the department has also ..... not contested the claim of the assessee that the inputs were destroyed after the inputs were actually issued further there was also no .....

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Nov 26 2002 (HC)

State of Kerala Vs. Renjith Kumar Alias Renjith and ors.

Court: Kerala

Decided on: Nov-26-2002

Reported in: 2003CriLJ1509

..... commission of the offence they in furtherance of their common intention destroyed the weapon and by breaking it into pieces threw the ..... no evidence to show that it was for the purpose of destroying evidence regarding the commission of the offence that the respondents ..... the articles kept inside the house of the first respondent were destroyed by fire the police is expected to initiate proceedings only .....

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Mar 07 2002 (HC)

Government of Andhra Pradesh and ors. Vs. G. Kesavulu

Court: Andhra Pradesh

Decided on: Mar-07-2002

Reported in: 2003(2)ALD1; 2003(1)ALT636

needed evidence or material may not be got suppressed or destroyed it is seen from the report submitted by the lokayukta

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Apr 23 2002 (TRI)

Alsthom Ltd. Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Decided on: Apr-23-2002

Reported in: (2002)(104)LC287Tri(Kol.)kata

..... similarly with regard to the charge of clandestine removal of vi tubes said to be destroyed as having been found unfit for use during the manufacturing process the commissioner has confirmed ..... unfit for consumption marketing that they did not obtain any permission from the commissioner to destroy the so called sub standard goods that in the absence of any independent corroboration witnessing .....

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May 31 2002 (TRI)

Bda Ltd. Vs. Income Tax Officer

Court: Income Tax Appellate Tribunal ITAT Pune

Decided on: May-31-2002

Reported in: (2003)84ITD442(Pune.)

..... by the assessee s counsel such defective material had to be destroyed by the supplier under the circumstances the material cannot be purchased ..... the printed material and the excess if any was to be destroyed the supplier party is responsible for protecting the goods and preventing ..... the printed books and the excess if any had to be destroyed although the paper and ink used were property of the applicant .....

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Aug 23 2002 (TRI)

Lanco Kondapalli Power Pvt. Ltd. Vs. Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT

Decided on: Aug-23-2002

Reported in: (2002)(84)ECC80

..... s views on culpable contributory negligence of the appellants merely because the goods were not destroyed in the presence of the customs officers that would not disentitle subsequent imports and or ..... s conference conclusions would indicate when goods are not used elsewhere in india or are destroyed in such conditions there is no additional liability for differential duty liability would arise only .....

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Dec 10 2002 (SC)

i.T.C. Ltd. Vs. Collector of Central Excise, Patna

Court: Supreme Court of India

Decided on: Dec-10-2002

Reported in: AIR2003SC568; 2003(1)BLJR456; 2003(1)CTC499; 2003(85)ECC1; 2003(151)ELT246(SC); [2003(1)JCR231(SC)]; JT2002(10)SC286; (2003)1SCC678; [2002]SUPP5SCR1

..... excise duty is leviable thereon alternatively it was submitted that certain quantity of cigarette is destroyed during the process of testing whereupon no excise duty is leviable 7 shri mukul rohtagi ..... either before the assessing authorities or the tribunal to show that any cigarette stick was destroyed in the process of quality control test much less cigarette sticks of any particular quantity .....

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Jun 11 2002 (TRI)

Natco Exports Vs. Dy. Cit

Court: Income Tax Appellate Tribunal ITAT Hyderabad

Decided on: Jun-11-2002

Reported in: (2003)86ITD445(Hyd.)

..... within that block which is sold or discarded or demolished or destroyed during that previous year together with the amount of the ..... scrap value of the machinery which has been discarded demolished or destroyed during the previous year is ascertained the same cannot be reduced ..... any asset falling within the block which is sold discarded or destroyed such a change that emerges with effect from 1 4 1988 .....

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