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1 - 10 of 11 (0.28 seconds)Section 4 in The Central Excise Act, 1944 [Entire Act]
M/S. Birla Corporation Ltd vs Cce, Lucknow on 26 September, 2013
i. Birla Corporation Ltd. vs. CCE: 2005 (186) ELT 266 (SC)
ii. Jayaswals Neco Ltd. vs. CCD: 2006 (195) ELT 142 (SC)
iii.
Forum Of Sc And St Legislators And ... vs Oil And Natural Gas Corporation Ltd. And ... on 27 February, 2017
CCE vs. Bigen Industries: 2006 (197) ELT 305 (SC)
iv. CCE vs.Amar Bitumen & Allied Industries: 2006 (202) ELT 213 (SC)
v. Indian Oil Corporation Ltd: 2006 (202) ELT 37 (SC)
vi. CCE vs. Novopan Industries Ltd.: 2007 (209) ELT 161 (SC)
4.8 It is further submitted that the show-cause notices demanded
duty under Section 11A but the demand was for more than the
normal period. Show-cause notices did not allege fraud, collusion,
willful misstatement or contravention of the provisions of Central
Excise Act, 1944 and they have not invoked proviso to Section 11A
of the Central Excise Act, 1944. However, the Commissioner the
impugned order has demanded duty under proviso to Section 11A of
the Central Excise Act, 1944 which is clearly contrary to the contents
Page 5 of 10
Appeal No. : E/562/2008
of the show-cause notices. Accordingly, the penalty imposed under
Section 11AC is also beyond the scope of show-cause notice, hence,
they pleaded that impugned order should be set aside.
M/S S.A.I.L., Rourkela Steel Plant vs C.C.E. & C., Bhubaneswar-Ii on 19 July, 2001
Appeal No. : E/562/2008
4.6 He further submitted that CESTAT in their own case as
reported in 2006 (200) ELT 229 (Tri.-Bang.) has set aside the
demand. They also relied upon the following judgments.
i. SAIL, Rourkela Steel Plant vs. CCE,Bhubaneshwar: 2001 (137) ELT
566 (Tri.-Kol.)
Central Excise Tariff Act, 1985
The Customs Tariff Act, 1975
The Commissioner Of Customs And Central ... vs Novopan Industries Ltd. on 28 July, 2006
CCE vs. Bigen Industries: 2006 (197) ELT 305 (SC)
iv. CCE vs.Amar Bitumen & Allied Industries: 2006 (202) ELT 213 (SC)
v. Indian Oil Corporation Ltd: 2006 (202) ELT 37 (SC)
vi. CCE vs. Novopan Industries Ltd.: 2007 (209) ELT 161 (SC)
4.8 It is further submitted that the show-cause notices demanded
duty under Section 11A but the demand was for more than the
normal period. Show-cause notices did not allege fraud, collusion,
willful misstatement or contravention of the provisions of Central
Excise Act, 1944 and they have not invoked proviso to Section 11A
of the Central Excise Act, 1944. However, the Commissioner the
impugned order has demanded duty under proviso to Section 11A of
the Central Excise Act, 1944 which is clearly contrary to the contents
Page 5 of 10
Appeal No. : E/562/2008
of the show-cause notices. Accordingly, the penalty imposed under
Section 11AC is also beyond the scope of show-cause notice, hence,
they pleaded that impugned order should be set aside.
M/S. Rastriya Ispat Nigam Ltd vs Cce,C&St, Visakhapatnam on 1 April, 2016
ii. Rashtriya Ispat Nigam Ltd. vs. CCE, Visakhapatnam
4.7 He further submitted that the department having accepted the
principles laid down in the judgment of the Tribunal in appellant's
own case on the same facts and issue for the period from March 1988
to March 2001, the initiation of proceedings and demand of duty for
the subsequent periods from 31.3.2002 onwards on identical facts
and issue is against the settled law.
Commr.Of Central Excise & ... vs M/S Sun Pharmaceuticals Inds.Ltd.. on 13 October, 2015
In this regard, the Hon'ble
Supreme Court in case of CCE, Surat vs. Sun Pharmaceuticals
Indus. Ltd.: 2015 (326) E.L.T. 3 (S.C.) has held as follows: