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Union Of India And Ors. Versus M/s. Engee Indl. Services Co. Ltd. & Anr

2016 (4) TMI 490 - SUPREME COURT

Additional duty - Import of ship for breaking and for no other use - Appellant pleaded that no excise duty is payable and the product manufactured in India is exempted from excise duty - Held that:- in view of the Judgement of this court in the case .....

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at:- by no stretch of imagination, it can be treated as import when the vessel was manufactured by an Indian company and was sold to another Indian company which was using this vessel. Therefore, the CESTAT has gone totally at a tangent and has held .....

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05 With C.A. No. 9282/2013 & C.A. No. 5377-5378/2014 - Dated:- 4-4-2016 - MR. A.K. SIKRI AND MR. ROHINTON FALI NARIMAN, JJ For the Parties Mr. Kailash Vasudev, Sr. Adv., Mr. Bimal Roy J., Adv., Ms. Nisha Bagchi, Adv., Ms. Pooja Sharma, Adv., Mr. B. K .....

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pathi, Adv. And M/s. Parekh & Co. ORDER CIVIL APPEAL NOS. 5816-5819 OF 2005 The respondent No. 1 herein had imported a ship in which Bill of Entry was filed. This Bill of Entry specifically declared that the import of ship was for breaking and fo .....

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sion Bench decided the issue in favour of the respondents herein. The basis of the judgment of the High Court is that when excise duty is exempted, there is no question of payment of additional duty. For this purpose, the High Court has referred to t .....

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ufactured in India is exempted from excise duty. In view thereof, the aforesaid judgment of this Court stands attracted to the facts of this case and we do not find any infirmity in the view taken by the High Court. The appeals stand dismissed. CIVIL .....

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ing 1% Central Excise Duty. M/s. Dempo Steamships Ltd. had to pay money to various creditors and a suit was filed by those creditors in the High Court of Bombay which was decreed. In the execution proceedings, based on the said decree, the Bombay Hig .....

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