Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2006 (11) TMI 422

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Shri Pramod Kumar, JDR, for the Respondent. [Order]. - Heard both sides. Shri R.G. Udgikar Ld. Consultant is present on behalf of the appellant. Shri Pramod Kumar, JDR is present on behalf of the Revenue. 2. Ld. Consultant submits that the following issues are involved in the case :- (i) Levy of interest. (ii) Confiscation of Plant and Machinery against the redemption fine of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s regards the interest, his submission is that the same was imposed by virtue of corrigendum dated 23-7-1999. His submission is that once the adjudicating authority has passed the order, the authority has become functional officio and can not review its own order in the absence of any express provisions to that effect in the Central Excise Act 1944. To support his contention he relies on the circu .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... (2) Where- (a) in the case of contravention of the nature referred to in clause (a) or clause (b) or clause (c) or clause (d) or sub-rule (I), the duty leviable on the excisable goods referred to in that sub-rule exceeds one lakh of rupees or (b) any [ manufacturer, producer, registered person of a warehouse or a registered dealer], whose excisable goods were confiscated under sub r .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... acturer, producer, registered person of a warehouse or a registered dealer], namely :- (i) any land, building, plant, machinery, materials, conveyance, animal or any other thing used in connection with the manufacture, production, storage, removal or disposal of such goods, or (ii) any other excisable goods on such land, or in such building or produced or manufactured with such plant, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates