By this Special Federal Excise Reference Application filed against the order of the Tribunal dated 3-4-2008 in Central Excise Appeal No.H-142 of 2005 the following questions said to have .arisen from that order have been proposed for the opinion of this Court:--(i) Whether the learned Appellate Tribunal Bench-I, Karachi has seriously erred in law to conclude that the Honouable Supreme Court of Pakistan in the case of Messrs Shahi Bottlers 1987 SCMR 571 has very categorically ruled that powers conferred under Rule 226(2) of the Central Excise Rules, 1944 can only be exercised by an officers so designated in the Central Excise rules and no one else can either initiate or take action. Whereas it is pertinent to place on record that no such ruling with regard to exercise of powers under Rule 226(2) of the Central Excise Rules, 1944 was given by the Honourable Supreme Court of Pakistan in the said judgment.(ii) Whether the Honourable Customs, Excise and Sales Tax Appellate Tribunal Bench-I,...
PRESENT:
Before Muhammad Athar Saeed and Arshad Siraj Memon, JJ
Petitioner(s) by: Mohsin Imam.
Respondent(s) by: Abid H. Shahban.
Law: Sales Tax Act (VII of 1990)
Sections: 47
Law: Central Excise Rules, 1944
Sections: 197 , 226(2),
Law: Central Excise Act (I of 1944)
Sections: 33
Disclaimer / Note: We have reproduced the judgment for facilitation of readers; however, the readers must study the original or certified copy of the above said judgment before referring it in any Court of Law. The judgment as reproduced above is a reported judgment available in law magazines and journals namely: 2010 PTD 147 | 101 TAX 171 | 2010 PTCL 380