Misstatement - Year 1999 - Judgments

Aug 30 1999 (TRI)

Collector of C. Ex. Vs. Tainwala Chemicals and Plastics

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Aug-30-1999

Reported in: (2000)(117)ELT482TriDel

1 the revenue assails the order passed by the collector of central excise appeals bombay classifying the product wet detergent...

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Dec 20 1999 (HC)

Smt. Vandana Meena Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Dec-20-1999

Reported in: 2000(2)WLC564

..... that the counsel for the appellant did not make any misstatement before the learned single judge he only stated the position ..... to hold that the counsel for the appellant petitioner made a misstatement before the court that there is no provision in law ..... the appellant has been charged of misleading the court by making misstatement with regard to the correct legal position regarding the authority .....

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May 20 1999 (TRI)

M.J. Exports Ltd. Vs. Cc

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on: May-20-1999

Reported in: (1999)(85)LC683Tri(Mum.)bai

..... or had been erroneously refunded by reason of collusion or any misstatement or suppression of facts by the importer or the exporter ..... heading no 84 66 of the customs tariff by making a misstatement in the application form dated november 21 1979 for registration ..... advocate for the appellant contends that there has been no wilful misstatement wilful suppression of facts fraud or collusion so as to .....

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Apr 08 1999 (HC)

Agarwal Industries Ltd. Vs. Golden Oil Industries (P) Ltd.

Court: Mumbai

Decided on: Apr-08-1999

Reported in: AIR1999Bom362; 1999(3)ALLMR154; 1999(3)BomCR390; (1999)2BOMLR476; [2001]106CompCas78(Bom); 1999(3)MhLj684

..... an admission of ownership of bhurdas this was certainty a misstatement of a material fact which was of decisive importance in ..... by withholding vital information from the court and by making deliberate misstatement to the court he submitted that the pleadings in the ..... that the ad interim order was made relying on material misstatements of the deponent therefore in my view both the petition .....

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Mar 22 1999 (TRI)

Mukand Ltd. and ors. Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on: Mar-22-1999

Reported in: (2000)(88)LC511Tri(Mum.)bai

..... the factors the assessee must be shown to have taken credit on account of wilful misstatement collusion or suppression of facts each of these act requires a conscious and deliberate act ..... or withholding of information unless there is such conscious or deliberate misstatement of collusion or suppression of facts the extended period contained in the proviso will not .....

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Sep 28 1999 (TRI)

Commissioner of Central Excise Vs. Mukand Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on: Sep-28-1999

Reported in: (1999)(114)ELT981Tri(Mum.)bai

..... settled that to attract extended period it is only such or misstatement or suppression with an intention to evade duty that would be ..... of bona fide would not it is the absence of wilful misstatement that the tribunal found the second question does not address this ..... list as processes which were applied to rods would amount to wilful misstatement within the meaning of rule 57 i the question as to .....

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Jun 08 1999 (TRI)

Chajjar Textiles Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Jun-08-1999

Reported in: (1999)LC383Tri(Delhi)

..... longer limitation of five years under proviso to section 11a 1 on allegation of wilful misstatement or suppression of fact can be made only by the commissioner this is what has ..... current assessment also needs quick decision 2 5 on the other hand allegations of wilful misstatement collusion etc over the past five years are very serious in nature these are supposed .....

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Dec 14 1999 (TRI)

Jagdish Cancer and Research Vs. Cc (import)

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on: Dec-14-1999

Reported in: (2000)(117)ELT97Tri(Mum.)bai

..... 500 per month the appellant has no intention to comply and had resorted to wilful misstatement and suppression of facts with the sole intention to evade customs duty the appellant replied ..... comply with the provisions laid down in the notification and they had resorted to wilful misstatement and suppression of facts with the sole intention of evading customs duty thus it is .....

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Jan 06 1999 (TRI)

Duratex Laboratories Pvt. Ltd. Vs. Collector of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Jan-06-1999

Reported in: (2002)(139)ELT88TriDel

..... it could be said that this was being done innocently or there was a deliberate misstatement of fact in my opinion if a person knew and was fully aware of the ..... finishing agents and yet continued to describe them as organic surface active preparations i e misstated the facts and were not prepared to follow the orders in spite of having been .....

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May 21 1999 (TRI)

Rubber Complex (India) Ltd. Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: May-21-1999

Reported in: (1999)(65)ECC506

..... months as in the present case but since the show cause notices had alleged wilful misstatement or suppression of fact or contravention of rule with intent to evade payment of duty ..... central excise the memo does not at all refer to the allegation of suppression or misstate ment of facts or contravention of rule with intent to evade payment of duty nor .....

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