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2015 (7) TMI 895 - SUPREME COURT

M/s. Coastal Paper Ltd. Versus Commnr. of Central Excise, Visakhapatnam

Classification - Whether pulp of waste gunny bags/jute waste is to be treated as the pulp made from the material rags - Benefit of Notification No. 22/94-CE dated 01.03.1994 - Concessional rate of duty - . According to the Tribunal, pulp out of rags .....


2015 (7) TMI 894 - SUPREME COURT

Saral Wire Craft Pvt. Ltd. Versus Commissioner Customs, Central Excise And Service Tax & Others

Condonation of delay - Order served on unauthorised person who was a Kitchen boy employed on daily wages - Held that - Order had not been passed in the presence of the Appellant, so as to render its subsequent service a formality, and secondly, that .....


2015 (7) TMI 893 - SUPREME COURT

Commissioner of Central Excise, Delhi-III, Gurgaon Versus M/s. Kap Cones

Condonation of delay - Revenue appeal - eight days delay in issue of the review order under Section 35-E(1) by the Committee of Chief Commissioners - Denial of CENVAT Credit - Clandestine removal of goods - Invocation of extended period of limitation.....


2015 (7) TMI 892 - SUPREME COURT

Chackolas Spinning And Weaving Mills Ltd. Versus Commissioner of Central Excise, Cochin

Valuation - Captive consumption - Whether the provision of Rule 6(b)(ii) of the Central Excise (Valuation) Rules, 1975 are applicable to the case at hand or not - Held that - Under clause (i) of Rule 6(b), the value is to be based on the value of com.....


2015 (7) TMI 753 - DELHI HIGH COURT

Commissioner of Central Excise, Delhi Versus Brew Force Machine Pvt. Ltd.

Extension of stay order - Power of Tribunal to extend stay beyond the period of 365 days - Held that - The decision in Pepsi Foods 2015 (5) TMI 655 - DELHI HIGH COURT was delivered two weeks after the decision of the coordinate Division Bench of this.....


2015 (7) TMI 752 - PUNJAB AND HARYANA HIGH COURT

GILCO EXPORTS LTD. Versus UNION OF INDIA

Condonation of delay in filing revision application - Applicability of Section 14 of the limitation Act - exclusion of period sped before tribunal - Held that - Ratio in M/s. Sonia Overseas Pvt. Ltd. s case (2014 (9) TMI 975 - PUNJAB AND HARYANA HIGH.....


2015 (7) TMI 751 - ANDHRA PRADESH HIGH COURT

Anil Re-Rolling Mills Versus Commissioner of Central Excise, Hyderabad

Validity of order of settlement commission - a plea that the report was not furnished well in advance for perusal was not taken into account - Held that - Respondent No.2 has processed the application submitted by the petitioner, to a substantial sta.....


2015 (7) TMI 720 - DELHI HIGH COURT

Commissioner of Central Excise, Delhi Versus Haldiram India Pvt. Ltd.

Extension of stay order - Power of tribunal to extend stay beyond the period of 365 days - Held that - Tribunal is bound by the provision and that the power to extend such interim orders is dependent on the exercise of discretion by the High Court un.....


2015 (7) TMI 710 - ALLAHABAD HIGH COURT

C.C.E. Versus M/s D.J. Sansthan

Classification of goods - Classification as shampoo or ayurvedic liquid soap - Deliberate suppression of production and clearance of excisable goods - evasion of central excise duty - held that - Bare perusal of Section 11A(1) of the Act clearly show.....


2015 (7) TMI 709 - ALLAHABAD HIGH COURT

M/s. Rotomac Global Pvt. Ltd. Versus Commissioner, Central Excise Kanpur

Denial of refund claim - Bar of limitation - Date of receipt of order - Held that - Order in original was served upon an employee of the appellant on 26th June, 2013 under Section 35-O of the Central Excise Act provides the proceeding for computing t.....


2015 (7) TMI 708 - ALLAHABAD HIGH COURT

Commissioner of Central Excise Customs Versus M/s. Kailash Electricals

Extension stay order - Non disposal of appeal - Additional Benches of the tribunal are not being created - Held that - The fact remains that there are a large number of appeals, which are pending before the Tribunal, which are not being disposed of o.....


2015 (7) TMI 707 - ALLAHABAD HIGH COURT

COMMISSIONER OF C. EX., LUCKNOW Versus STAR STEELS

Confiscation of goods - Penalty under Rule 25 of the Central Excise Rules, 2002 - Held that - The basic finding of the Commissioner (Appeals) was that the quantum of approximately 581 MT had not been physically weighed and could not have been weighed.....


2015 (7) TMI 706 - RAJASTHAN HIGH COURT

RANJAN POLYESTERS LTD. Versus UNION OF INDIA

Recalling of order - Cenvat Credit taken twice - CENVAT on yarn was allowed only from 1.4.2003 - whether the Tribunal was right in rejecting the application preferred by the appellant for recalling the order dated 26-6-2013 without examining sufficie.....


2015 (7) TMI 705 - PUNJAB AND HARYANA HIGH COURT

UNITED BREWERIES LTD. Versus COMMR. OF C. EX., LUDHIANA

Marketability of carbon dioxide - Commissioner held gas not marketable as that was not being capable of bought and sold - Held that - Large number of adjournments had already been granted. It is not denied that counsel for the appellant did not put i.....


2015 (7) TMI 669 - CESTAT AHMEDABAD

M/s Bajrang Castings Pvt. Ltd., Shri Amit R. Bhasin Versus Commissioner, Central Excise & Service Tax, Ahmedabad-II

Eligibility to CENVAT Credit - whether main Appellant is eligible to CENVAT Credit on the basis of proper CENVAT taking documents when the First Appellate Authority has held that only documents were obtained by the main Appellant and no inputs were a.....


2015 (7) TMI 668 - BOMBAY HIGH COURT

MANISH VORANI Versus UNION OF INDIA

Condonation of delay - Delay of 340 days - Held that - there was definitely material in the form of medical reports and records pertaining to the Petitioners and his immediate family members. The Tribunal proceeded on the footing as if the Petitioner.....


2015 (7) TMI 667 - PUNJAB AND HARYANA HIGH COURT

BARODIA PLASTICS PVT. LTD. Versus COMMISSIONER OF CENTRAL EXCISE

Remission of duty - plant, machinery, stock, goods in process of manufacturing and manufactured goods have been destroyed in an accidental fire - Held that - A perusal of the Tribunal s order reveals a consideration which is neither logical nor found.....


2015 (7) TMI 666 - BOMBAY HIGH COURT

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. Versus C.C.E., AURANGABAD

Condonation of delay - Delay of 1298 days - Bonafide belief that appeal has been withdrawn - Held that - explanation given for the delay is absolutely vague. Secondly, it does not inspire any confidence simply because the judgment of the Hon ble Supr.....


2015 (7) TMI 665 - GUJARAT HIGH COURT

COMMISSIONER OF CENTRAL EXCISE Versus UNITED PHOSPHORUS LTD.

MODVAT Credit - Capital goods - Captive consumption - Held that - Quite apart from the decision of the Chennai Bench in case of Kothari Sugars & Chemicals Ltd. (2005 (11) TMI 124 - CESTAT, CHENNAI), we are informed, is carried in appeal before th.....


2015 (7) TMI 628 - CESTAT NEW DELHI

VICTORIA AUTOMOTIVE INC. Versus COMMISSIONER OF C. EX. & S.T., MEERUT-I

Waiver of pre deposit - Benefit of the area based exemption Notification No. 50/2003-C.E. - exemption for unit II which was in same compound as Unit I - Denial on the ground that Unit I is not availing exemption, therefore, unit II would not be eligi.....


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