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M/S Fair Banks Morse India Ltd vs Union Of India Thru' Secy. Min. Of ... on 11 September, 2014
cites
The Customs Tariff Act, 1975
The Central Excise Act, 1944
Jyoti Limited Baroda vs Union Of India And Anr. on 27 June, 1979
In the light of the aforesaid circular, the learned senior counsel contended that the power driven pump consisting of various components when put together are to be classified along with the machines performing the principal function. The learned senior counsel contended that reliance by the Tribunal upon the decision of the Gujarat High Court in the case of Jyoti Limited., Baroda vs. Union of India, 1979 (4) ELT (J 546) affirmed by the Supreme Court, reported in 1997(96)ELT (A73) was not applicable as it was under the old Tariff Act and that the present dispute is under the new Tariff Act in which Note 3 and 4 has been issued, which is binding and applicable upon the authorities.
Dhampur Sugar Mills Ltd. vs Union Of India And Another on 12 February, 1999
Even otherwise, the petitions were entertained and admitted in the year 2005. Affidavits have been exchanged and therefore, at this stage, it would not be appropriate to relegate the petitioner to the remedy of an alternate appeal. This view of ours is in consonance with the principles enunciated by the Supreme Court in Dhampur Sugar Mills Ltd. vs. Union of India, 2000 (122)ELT 333. In the light of the aforesaid, the preliminary objection is overruled.
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