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2015 (8) TMI 1181 - CESTAT CHENNAI

CCE, Puducherry, M/s. National Oxygen Ltd. Versus M/s. National Oxygen Ltd., CCE, Puducherry

Valuation of goods - inclusion of facility charges and cylinder holding charges to the assessable value - Held that - period of dispute involved in these appeals are from September 2000 to August 2001 and from September 2001 to July 2002. This Tribun.....


2015 (8) TMI 1180 - CESTAT CHENNAI

M/s. Vijay Cements Versus CCE, Trichy

Denial of CENVAT Credit - Determination of place of removal - Inclusion of freight - Held that - High Court of Madras in the cases of CCE, Chennai Vs. M/s. Borg Warner Morse TEC Murugappa Pvt. Ltd. (2015 (4) TMI 254 - MADRAS HIGH COURT), has relied o.....


2015 (8) TMI 1179 - CESTAT CHENNAI

M/s. Dalmia Cement (Bharat) Ltd. Versus CCE, Trichy

Eligibility of CENVAT credit - Steel plates, angles, channels, parts, components and accessories of capital goods, welding electrodes and storage rack - penalty under Rule 15(1) of CENVAT Credit Rules, 2004 - Held that - The steel plates, angles are .....


2015 (8) TMI 1178 - GUJARAT HIGH COURT

Commissioner Versus Camex Intermediates Ltd.

Confiscation of goods - Imposition of redemption fine - Held that - A Division Bench of this Court in the case of Commissioner of Central Excise & Customs v. Stovec Industries Ltd., reported in 2013 (1) TMI 72 - GUJARAT HIGH COURT held that in vi.....


2015 (8) TMI 1177 - DELHI HIGH COURT

Commissioner of Central Excise Delhi-I Versus Kuber Tobacco Products (P) Ltd And Ors.

Duty demand - Clandestine removal of goods - whether the goods found stored in the various outside godowns are the goods clandestinely manufactured and cleared by the respondents M/s. Kuber Tobacco Products Pvt. Ltd. and M/s. Kuber Khaini Pvt Ltd. - .....


2015 (8) TMI 1176 - MADHYA PRADESH HIGH COURT

Union of India Versus Beryl Drugs Ltd.

Denial of benefit of notification - whether Intravenous Fluids having a therapeutic value stood covered under Exemption Notification No. 3/2001 - Held that - Decision in the case of Uniflex Cables Limited vs. Commissioner, Central Excise, Surat-II 20.....


2015 (8) TMI 1175 - BOMBAY HIGH COURT

DECCEN CO-OP TEXTILES INDUSTRIES LTD. Versus UNION OF INDIA

Demand of duty, interest and penalty - Condonation of delay - Tribunal as well as Supreme Court declined to condone the delay - Held that - The challenge having failed right up to the Hon ble Supreme Court because the proceedings were belated - Mr. M.....


2015 (8) TMI 1174 - BOMBAY HIGH COURT

RALLIS INDIA LTD. Versus COMMISSIONER OF CENTRAL EXCISE

Duty demand - Validity of Tribunal s order - Tribunal remanded matter back to Commissioner - Held that - Both sides conceded that recording of reasons by this Court may tantamount to expression of opinion either way. They do not therefore insist on a.....


2015 (8) TMI 1173 - GUJARAT HIGH COURT

Commissioner of Central Excise & Customs Versus M/s. Dutron Plastics

Denial of refund claim - Whether or not, the refund of Central Excise duty is admissible under Section 11B of the Central Excise Act, 1944, if the same is invoiced and collected and thereby passed on to the purchasers and sought to be claimed on the .....


2015 (8) TMI 1172 - MADRAS HIGH COURT

INDIA PISTONS LTD. Versus SUPERINTENDENT OF CENTRAL EXCISE, HOSUR

Demand u/s 11AA - SCN not issued - Held that - impugned order is only a communication and not a demand to pay the Excise duty together with interest as stated by the respondent, it is open to the respondent to issue a fresh notice to the petitioner u.....


2015 (8) TMI 1128 - ANDHRA PRADESH HIGH COURT

The Commissioner of Customs and Central Excise Versus M/s Andhra Pradesh Paper Mills Ltd.

Duty demand u/s 11A - Suppression of facts - Misdeclaration of goods - Whether the CESTAT, was right in rejecting extended period of demand under Section 11A of Central Excise Act, 1944 and in not restoring levy of mandatory penalty under Section 11A.....


2015 (8) TMI 1127 - DELHI HIGH COURT

M/s. Vishnu & Co. Pvt. Ltd. & Another Versus Superintendent Central Excise

Quashing of FIR - Demand set aside by CESTAT - Held that - Since petitioners have an alternate and efficacious remedy to seek discharge from trial court by urging the pleas taken herein, therefore, this Court is not inclined to exercise its inherent .....


2015 (8) TMI 1126 - ALLAHABAD HIGH COURT

M/s Jaiprakash Associates Ltd. Versus Union of India & Others

Recovery of excise duty - Recovery from purchaser of wound up company - Held that - Corporation has not transferred or disposed of its business or trade. The Corporation has been wound up by an order of the Court and its assets have been sold off. A .....


2015 (8) TMI 1125 - SUPREME COURT

Commnr of Central Excise Versus M/s JCBL

Classification of goods - Whether the product manufactured by the respondent assessee is covered by Chapter Heading No.87.02 or 87.07 - Held that - inasmuch as Notification No.27/2002-CE(NT) dated 23.7.2002 which is for the period 1.5.1991 to 28.2.20.....


2015 (8) TMI 1124 - SUPREME COURT

Commissioner Versus Asmaco Industries Ltd.

Duty demand - Manufacturing activity - slitting of crape paper for making masking tape - Supreme Court declined to entertain the appeal as the duty impact is less than ₹ 2 lakhs. Appeal was filed by the Revenue against the decision of Tribunal .....


2015 (8) TMI 1123 - SUPREME COURT

Commissioner Versus Kunal Processors

Duty demand - Manufacturing activity - clearance of silver coated copper tamping powder but they did not reflect the same in the classification lists or in RT 12 Returns or in any other statutory record - Supreme Court dismissed the appeal due to nom.....


2015 (8) TMI 1122 - SUPREME COURT

Commissioner Versus Ascent Meditech Ltd.

Classification of orthopaedic heating belts - Chapter Heading No.90219090 or Chapter Heading No.90189099 - extended period of limitation - Supreme Court after condoning the delay dismissed the appeal as devoid of merit. The appeal was filed by the Re.....


2015 (8) TMI 1121 - BOMBAY HIGH COURT

COMMISSIONER OF CENTRAL EXCISE, THANE-I Versus CLARIANT (I) LTD.

Denial of refund claim - Bar of limitation - payment of duty was made before issue of SCN - claim of refund was submitted after the SCN was dropped - refund claim filed on 26-2-2001 i.e. after a period of 3 years from the date of such payment/debit w.....


2015 (8) TMI 1104 - Allahabad High Court

The Commissioner Central Excise Versus M/s Mayank And Company

Challenge to Stay order - Tribunal granted stay for unlimited period - Held that - In the Commissioner Central Excise Vs. M/s Magnum Ventures Ltd. in 2015 (8) TMI 1075 - ALLAHABAD HIGH COURT , this Court clarified that the interim order granted by th.....


2015 (8) TMI 1075 - ALLAHABAD HIGH COURT

The Commissioner Central Excise Versus M/s. Magnum Ventures Ltd.

Challenge to stay order - Held that - provisions of Section 35-C(2A) have been held to be mandatory by this Court and, therefore, in any case the Tribunal can grant an interim order which can travel beyond 365 days which is the maximum limit fixed un.....


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