Judgment Search Results Home > Cases Phrase: standards of weights and measures act 1976 section 18 reference secondary and working standards Page 18 of about 456 results (0.203 seconds)

Titan Industries Vs. Commissioner of Cus.

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

..... the records and considering the submissions made by both sides, we find that: the above goods do not figure in the relevant schedule to the rules framed under the standards of weights and measures act, 1976. section 1(3) of the said act provides that the provisions of the act shall come into force on such date as the central ..... goods (whether notified under section 4a or not) which are not statutorily required to print/declare the retail sale price on the packages under the provisions of the standards of weight and measures act, 1976, or the rules made thereunder or any other law for the time being in force, valuation will be done under section 4 of the ..... by the cbec in the aforesaid circular, which is apparently in tune with the provisions of section 4a of the central excise act read with the relevant provisions of the weights and measures act. thus, on merits, the appellants have prima facie case against the assessment done under section 4a of the central excise act in respect of 'button .....

Northern Plastics Ltd. Vs. Collr. of Customs and Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1990)(27)ECC304

..... the statute itself makes a distinction between jumbo rolls and cinematographic films. the duly leviable on jumbo rolls is much more than that of cinematographic films. the standard weights and measurement act and rules framed thereunder arc not applicable to the goods in question as that act is applicable only to finished consumable goods. the learned sr ..... charge that the appellants knowingly misdeclared the goods by not specifying them as jumbo rolls. the learned dr also argued that the appellant's reliance on the standard of weights & measure act will be of no avail to them because those provisions apply to goods sold in retail, which is not the case here. the ..... the learned counsel also pointed out that the word "jumbo" is not permitted to be used in the description of measure as per the provisions of the standards of weights & measures act, 1976 and the rules made thereunder. as for the correctness of the declaration of the goods, the learned counsel referred to customs tariff act .....

M.V.Krishnai Vs. The Controller of Legal Metrology, Gover

Court : Andhra Pradesh

..... been running the same by obtaining repairers licence under the provisions of the standards of weights and measures act, 1976 and under the legal metrology act, 2009 (for short the act).after the former act was repealed. the petitioner feels ..... controller of legal metrology; (e) surrender the licence in the event of closure of business or suspension or cancellation of licence; (f) (i) present the weights, measures, weighing or measuring instruments as the case may be duly repaired to the legal metrology officer in whose jurisdiction it is put into use, before delivery ..... petitioner, and the learned government pleader for civil supplies (a.p).the petitioner averred that he is a skilled worker authorized to repair heavy and light weights and measures having passed skill workers test. that he has started an establishment in the name and style venkateswara weighing machine corporation in the year 1969 and .....

M/S Nahar Textiles Pvt. Ltd. Vs. Commissioner of Central Excise, Thane ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... in respect of readymade garments under chapter 62 of the tariff @ 60% of the rsp that is required to be declared on the retail packages under the provisions of standards of weights and measures act, 1976 or the rules made thereunder or under any other law for the time being in force. 9. we find that there is no requirement of ..... of the tariff at the rate of 60% of the retail sale price that is declared or required to be declared on the retail packages under the provisions of standards of weights and measures act, 1976 or the rules made there under or under any other law for the time being in force. the contention is that the readymade garments ..... the present case. the contention of the appellant is that the readymade garments exported without affixing retail sale price (rsp) and there is no requirement under rule 30 of standards of weights and measures act, 1976 to fix retail sale price on each retail pack meant for export. it is also submitted that even if under provisions of section 4a of .....

State of Assam and ors. Vs. Chhotabhai Jethabhai Patel Tobacco Product ...

Court : Guwahati

..... passed on to the consumer. according to the learned senior counsel, in fact, because of the provision contained in standard of weights and measures (package commodities) rules, 1977 framed under the standard of weights and measures act, it is not possible on the part of the respondent/writ petitioner to alter the price printed ..... it can delegate the necessary power for implementing the purpose and objects of the act. where the legislative policy is enunciated with sufficient clearness or a standard is laid down, the courts should not interfere.131. in agricultural market committee : air1997sc2502 the apex court has observed that the essential legislative function ..... retains enough control over the authority making the subordinate legislation and, as such, it is not necessary for the legislature to lay down legislative policy, standard or guidelines in the statute. the minority view expressed by mathew, j., has accepted such proposition observing that if the parliament can repeal the provision .....

Commissioner of Customs, Chennai Vs. M/S.Micro Labs Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

..... tapes along with other goods like stethoscope holder and testing pin etc. for the import of measuring tapes, registration with the department of weights and measures in accordance with the standards of weights and measures act, 1976 (hereinafter referred to as swm act) was required. since the importer was not so registered, the measuring tapes ..... person who, or a firm or a hindu undivided family, which carried on, directly or otherwise, the business of buying, selling, supplying or distributing any such weight or measure, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes (i) a commission agent who carries on ..... waived and personal hearing was granted to the importers by the additional commissioner of customs who held that the registration was mandatory for export or import of any weight or measure under section 47 of the swm act. he, therefore, ordered confiscation under section 111 (d) of the customs act, 1962 read with .....

Monsanto Manufacturers Pvt. Ltd. Vs. Commr. of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2006)(193)ELT495TriDel

..... the wording of section 4a(1) makes it clear that it will apply to such good"...in relation to which it is required, under the provisions of the standards of weights and measures act, 1976, or the rules made thereunder or under any other law for the time being in force, to declare on the package thereof the retail ..... been confiscated under sub-section (4) of section 4a. therefore, it has to be taken that it remains accepted that the clearances were not covered by the provisions of weights & measures act.9. the learned counsel is also right in the contention that once a board circular specifically recognized "bulk sale of ice cream to hotels/restaurants" as ..... consignments of an item are not required to be assessed under section 4a of the act, merely because of the fact that the said item remains specified under the weights and measures act, because that act allows exclusions from the provisions of that law. therefore, the finding in the impugned order that the consignments in question should .....

M/s. Hotel Savoy Bar and Others The State of Kerala, Repersented By Th ...

Court : Kerala

..... packet with maximum retail price not exceeding rs.9.85 (inclusive of all taxes) at an excess price of rs.13/- would violate rule 23 (2) of standards of weights and measures (packaged commodities) rule. this court had held that what was paid by the customer for the packet of cigarette is not the price of a ..... for mineral water in excess of mrp printed on the packaging, during the service of customers in hotels and restaurants would violate the standards of weights and measures act ( 60 of 1976 ) and also the standards of weights and measures ( packaged commodities ) rules. it was held by vikramjit sen. j as he then was, that the same will ..... l) no person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed. (2) any advertisement mentioning the retail sale price of a pre-packaged .....

Sparklean Pvt. Ltd. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2006)(109)ECC408

..... commodity is in the package and not when more than one commodity are packed. in our view, this is not sustainable because, "pre-packed commodities" in standards of weights and measures packaged commodities rules 1997 is defined as follows: pre-packed commodity with its grammatical variations and cognate variation means a commodity (or article or articles) which ..... of packaged commodities rules do not apply, then the manufacturer is not required to declare a retail price of the goods on the package under provisions of standards of weights and measures act 1966. when that is the case, the duty cannot be demanded under sect n 4-a. the board vide circular dated 28.2.02 ..... under section 4-a of the central excise act 1944. revenue proceeded against the appellants on the ground that the goods in question were governed by the standards of weights and measures act 1976 and consequently duty is liable to be discharged under provisions of section 4-a of the ce act. therefore, differential duty of rs .....

The Central Arecanut and Cocoa Vs. Cce

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

Reported in : (2008)(131)ECC92

..... the effect that mrp based assessment had to be followed only in respect of goods which were legally required to display on its package, the mrp as per standards of weights and measures act, 1976 and the packaged commodities rules, 1977. it was also argued that the goods cleared were not multi-piece packages defined under rule 2( ..... statutory provisions the appellant was not required to print the sale price of the individual piece (weighing 5.5 gms) on the wholesale packages under the provisions of standards and weights and measures act, 1976 and the packaged commodities rules, 1977. though sugar confectionary of csh 1704.90 and 18.03 were notified as goods to which provisions ..... in retail by the retailers. the toffees weigh 5.5 gms per piece. in terms of rule 34 of the weights and measures (packaged commodities) rules, 1977, packages containing goods of weight 10 gms or less when sold by weight are not required to carry on the package its retail sale price. as per rule 2(x) 'wholesale package' .....