Gujarat High Court
CECGA/10/2001 of COMM. OF CENTRAL EXCISE & CUSTOMS Vs AMRIT DYG & PTG MILLS P. LTD. on 9 November 2001
HIGH COURT OF GUJARAT AT AHMEDABAD CENTRAL EXCISE & CUSTOMS GOLD CONTROL AP No 10 of 2001 For Approval and Signature: Hon'ble MR.JUSTICE M.S.SHAH and Hon'ble MR.JUSTICE D.A.MEHTA ============================================================ 1. Whether Reporters of Local Papers may be allowed :
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CENTRAL EXCISE & CUSTOMS GOLD CONTROL AP No 10 of 2001
For Approval and Signature:
Hon'ble MR.JUSTICE M.S.SHAH
and
Hon'ble MR.JUSTICE D.A.MEHTA
============================================================
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1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO
3. Whether Their Lordships wish to see the fair copy : NO
of the judgement?
4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO
-------------------------------------------------------------- COMM. OF CENTRAL EXCISE & CUSTOMS
Versus
AMRIT DYG & PTG MILLS P. LTD.
-------------------------------------------------------------- Appearance:
1. CENTRAL EXCISE & CUSTOMS GOLD CONTROL AP No. 10 of 2001 MS PJ DAVAWALA for Petitioner No. 1 MR SHAKEEL A QURESHI for Respondent No. 1 RULE SERVED for Respondent No. 1
-------------------------------------------------------------- CORAM : MR.JUSTICE M.S.SHAH
and
MR.JUSTICE D.A.MEHTA
Date of decision: 09/11/2001
(Per : MR.JUSTICE M.S.SHAH)
Having regard to the order dated 6-4-1999 passed by this Court in C.E.C.G.A. No. 14 of 1998, the Central Excise, Customs and Gold (Control) Appellate Tribunal is directed to refer the following question of law to this Court and submit the statement of case in accordance with law:- Whether penal provisions relating to confiscation of goods and imposition of penalty are applicable to Man Made Fabrics which are `Excisable Goods'
finding mention in Schedule to the Central Excise Tariff Act,1985 though they are liable to Additional Duty of Excise only in absence of any specific penal provisions in Section 3 (3) of Additional Duties of Excise (Goods of Special Importance) Act, 1957 ?
2. Rule is made absolute.
�����(M.S. Shah,J)
�����(D.A. Mehta,J)
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