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Manufacturing

This tag is associated with 3 posts

MODVAT – REFUND OF THE SAME WITH INTEREST AFTER 30 DAYS – the company is liable to pay MODVAT under Central Excise Act on HSD oil used in manufacturing yarns etc., and also liable to pay interest as it was not refunded with in 30 days of notice as the exemption granted to HSD oil was withdrawn by a Notification by central Govt. – High court wrongly find a fault on the government – allowed the writs – Apex court set aside the orders as there is no challange abount the vlaidity of notification or about sec.112 of Finance Act – they can not escape liability to refund the availd MODVAT with interest DESPITE OF NOTIFICATION = Union of India & Ors. Appellants Versus Maharaja Shree Umaid Mills Respondent = published in / cited in / Reported in judis.nic.in/supremecourt/filename=41098

      MODVAT –  REFUND OF THE SAME WITH INTEREST AFTER 30 DAYS –    the company is liable to pay MODVAT under Central Excise Act on HSD oil used in manufacturing yarns etc., and also liable to pay interest as it was not refunded with in 30 days of notice as the exemption … Continue reading

National Pharmaceutical Pricing Authority (NPCA) under the DPCO,1995, – the Drugs (Prices Control) Order (for short, ‘DPCO’) – Fixation of prices /Revised prices of the drugs manufactured & stocked by company by notification – Whether operative in respect of all sales subsequent to 15 days from the date of the notification by the Government in the official gazette/receipt of the price fixation order by the manufacturer – Karnataka High court held that it applies from the date of notification -that revised prices will not apply to the existing stocks but only to new batches of drugs and formulations to be manufactured after 15 days of the notification cannot be accepted. The provisions of the DPC Order are clear that prices should be revised within 15 days even in regard to the formulations which were manufactured prior to the date of notification or those manufactured within 15 days from the date of notification. – Delhi high court held that it applies only after 15 days of notification – Apex court held that Karnataka High court view is correct and Delhi High court view is incorrect – held that it applies only from the date of Notification to all sales & stocks = GlaxoSmithKline Pharmaceuticals Limited (Formerly known as SmithKline Beecham Pharmaceuticals (India) Limited) … Appellant Versus Union of India & Ors. … Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41053

National  Pharmaceutical Pricing Authority (NPCA) under the DPCO,1995, – the  Drugs      (Prices  Control)  Order  (for  short,  ‘DPCO’)  – Fixation of prices /Revised prices of the drugs manufactured & stocked by company by notification – Whether operative in respect of all sales subsequent  to 15 days from the date of the notification by the Government in the  official gazette/receipt of the price … Continue reading

Industrial Disputes Act sec. 25F,25FF sec.25N and Section 17B of I.D. Act – Estopel – State of Maharashtra & Anr. … Appellants Versus Sarva Shramik Sangh, Sangli & Ors. … Respondents = http://judis.nic.in/supremecourt/imgst.aspx?filename=40894

Industrial Disputes Act sec. 25F,25FF  sec.25N and Section 17B of I.D. Act – Estopel – Already     decided case attained finality – and same was applied with some suitable modifications = Retrenchment of labours temporary having serice of more than 10 years of service with out sufficient notice and with out payment of damages on the trasfer … Continue reading

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