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REPORTABLE IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4055-4056 OF 2009COMMISSIONER OF CENTRAL EXCISE, BANGALORE-II — APPELLANTVERSUSM/S OSNAR CHEMICAL PVT. LTD. — RESPONDENT WITHCIVIL APPEAL NO. 5633 OF 2009ANDCIVIL APPEAL NO. 7142 OF 2010JUDGMENT D.K. JAIN, J.:1. This batch of appeals by the revenue, under Section 35L(b) of the Central Excise Act, 1944 (for short “the Act”) arises out of final orders dated 23rd December, 2008 in Appeal No. E/379/2007; 25th September, 2008 in Appeal Nos. Excise/522 & 523/2007 and 28th October, 2009 in Appeal No. E/225/2009 passed by the Customs, Excise & Service Tax Appellate…
CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL,West Zonal Bench, Ahmedabad Appeal No. : ST/10949/2013 Arising out of : OIA No. PJ/457/VDR-I/2012-13 dated 25.02.2013 Passed by : Commr. (Appeals) C. Excise & Customs, VadodaraAppellant (s) : M/s. Sopariwala Exports Pvt. Limited Represented by : Shri S.R. Dixit, Advocate Respondent (s) : Commissioner of Central Excise & S.T., VadodaraRepresented by : Shri Manoj Kutty, A.R. CORAM :Hon'ble Mr. H.K. Thakur, Member (Technical)Date of Hearing / Decision : 27.06.2014 ORDER No. A/11153 / 2014 Dated 27.06.2014 Per : Mr. H.K. Thakur;This appeal is directed against Order in Appeal No. PJ/ 457/ VDR-I/ 2012-13…
CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL,West Block No.2, R.K.Puram, New DelhiCOURT-IDate of hearing/decision: 21.7.2014Miscellaneous Application No.60610 of 2013 andService Tax Appeal No.236 of 2008Arising out of the order in original No.01/VKG/CST/2008 dated 8.1.2008 passed by the Commissioner of Service Tax New Delhi .B.L. Gupta Construction Pvt. Ltd. .. Appellants Vs. C.S.T., Delhi . Respondent Appearance:Present Shri Kamal Gupta, C.A. for J.K. Mittal & Co. for the appellantsPresent Shri Amresh Jain, A.R for respondentCoram: Hon’ble Mr. Justice G. Raghuram, President Hon’ble Mr. R.K. Singh, Technical MemberFinal Order No.52870/2014Per Justice G. Raghuram: The application is filed seeking early hearing of the…
THE SUPREME COURT OF INDIAPETITIONER: UNION OF INDIA & ORS. ETC. ETC. Vs. RESPONDENT:BOMBAY TYRE INTERNATIONAL LTD. ETC. ETC. DATE OF JUDGMENT : 07/10/1983 BENCH: PATHAK, R.S. BENCH: PATHAK, R.S. BHAGWATI, P.N. SEN, AMARENDRA NATH (J) CITATION:1984 SCR (1) 347 1983 SCALE (2)449ACT: Central Excises and Salt Act, 1944 (1 of 1944)-Old s. 4 prior to and new s. 4 after amendment by the Central Excises and Salt (Amendment) Act, 1973 (22 of 1973)-Interpretation of-Section validly enacted-Scheme and object of old s. 4 and new s. 4 are same. Mode of determining value of an article for excise levy-Value-Whether can…
SUPREME COURT OF INDIA PETITIONER: GANNON DUNKERLEY & CO.LTD. Vs. RESPONDENT: UNION OF INDIA DATE OF JUDGMENT: 28/10/1969 BENCH: SHAH, J.C.HEGDE, K.S. CITATION:1970 AIR 1433 1970 SCR (3) 471969 SCC (3) 667 CITATOR INFO: R 1992 SC 111 (4) ACT:Limitation Act, 1908-Suit for payment at an additional rate over contract rate in view of altered circumstances and complex nature of work--Claim is not one for price of work done nor for compensation or breach of contract--Therefore Art. 56 and Art. 115 of First Schedule not applicable--Suit governed by Art. 120--Commencement of period of imitation under Article. HEADNOTE:The appellant-company filed a…
IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNALWEST ZONAL BENCH AT MUMBAICOURT NO. I Appeal No. C/226/07(Arising out of Order-in-Original No. 153/2006/CAC/CC(1)/AKP/Bond dated 12.12.2006 passed by Commissioner of Customs (Appeals), Mumbai.) M/s Allied Fibres LtrdVsCommissioner of Customs (Import), Mumbai Appellant (Represented by: Mr. Vipin Kumar Jain with Mr. Krishan Kumar, Advocates)Respondent(Represented by: Mr. Navneet, Additional Commissioner (AR))CORAM:Honble Mr.S.S. Kang, Vice PresidentHonble Mr. P.K. Jain, Member (Technical) Date of Hearing : 30.07.2014 Date of Decision: __.08.2014Brief Notes : Tribunal upholds confiscation of goods and dismisses appeal letter for relinquishing title sent after more than 10 years. Rent, interest, other charges…
REPORTABLE IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2008 Arising out of SLP (Crl) No. 5476 of 2006 N. Ramakrishnaiah (dead) thr. Lrs. ....Appellants versus State of A.P. .... Respondent JUDGMENT Dr. ARIJIT PASAYAT, J 1. Leave granted. 2. Challenge in this appeal is to the judgment of a learned Single Judge of the Andhra Pradesh High Court dealing with Criminal Appeal preferred by appellant No.1-N. Ramakrishnaiah who died during the pedency of the appeal and his legal heirs were brought on record as appellants in this appeal. 3. The factual matrix leading to the…
THE SUPREME COURT OF INDIANEW DELHIU.N. R. RAO Vs. SMT. INDIRA GANDHI DATE OF JUDGMENT : 17/03/1971 BENCH: SIKRI, S.M. (CJ) MITTER,G.K. HEGDE, K.S. GROVER, A.N. REDDY, P. JAGANMOHAN CITATION: 1971 AIR 1002 1971 SCR 46 1971 SCC (2) 63 CITATOR INFO : R1971 SC1551 (1) RF 1973 SC1461 (224) F 1974 SC2192 (33,36,47,132,134) C1982 SC 149 (618,709,745) RF1987 SC2106 (6) ACT: Constitution of India, 1950, Arts,. 74(1) and 75(3) --House of People dissolved--If Prime Minister ceases to hold office. HEADNOTE: The House of the People was dissolved by the President of India on 27th December 1970. On the question…
THE SUPREME COURT OF INDIAUnion of India & Ors.VsBombay Tyre International Ltd. Etc. Citations: AIR 1984 SC 420, 1983 ECR 653 D SC, 1983 (12) ELT 869 SC, 1983 (1) SCALE 521, (1983) 4 SCC 210(1983) 2 Comp L J 4 SC, 1984 (2) ECC 102, 9th May, 1983Bench: A Sen J., P Bhagwati J., R Pathak J. ORDER 1. We make the following order for reasons which we shall give later : (A) The position prior to the amendment of Section 4 of the Central Excises and Salt Act, 1944 by Act XXII of 1973: The value of excisable…
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