Back
S.L.PEERAN, V.K.ASHTANA
Chimanlal Silk Mills (P. ) Ltd. – Appellant
Versus
Commissioner of Central Excise, Hyderabad – Respondent
Per V.K. Ashtana :
Inthis case the appeal and the stay petition themselves are taken up together for consideration as the matter lies in a short compass. The appeal is against the order in original No. 5O/Ch. 54/99. Cxdated27.10.99 passed by the Commissioner of Central Excise, wherein while fixing the annual capacity of production under Rule 3 of the Hot Air Stenter Independent Textile Processors Annual Capacity Determination Rules, 1998, the dimension of the Galleries of both the stenter machines have also been included and accordingly duty of Rs. 5,00,000 per month has been adjudged under the said scheme and accordingly demand has been confirmed for Rs. 2,78,788/- for the period from 16.12.98 to 30.6.99.
2. Heard Shri B. Radhakrishnan, learned Consultant for the appellants and Shri S. Kannan, learned DR.
3. The learned Consultant submits that dimensions of the galleries are not required to be added to the dimension of Stenters for the reason that galleries are basically for insulation of heat and not provided for radiator nozzles to heat the fabric and therefore different instruments as well as role and function from the standard chambers. His second submission is that in view
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
