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Start Free TrialCustoms Tariff Act 1975 Chapter 86
Title: Railway or Tramway Locomotives, Rolling-stock and Parts Thereof; Railway or Tramway Track Fixtures and Fittings and Parts Thereof; Mechanical (Including Electro-mechanical) Traffic Signaling Equipment of All Kinds
State: Central
Year: 1975
SECTION XVII Vehicles, Aircraft, Vessels and AssociatedTransport Equipment NOTES 1. This Section does not cover articles of heading 1[***] 9503 or 9508, or bobsleighs, toboggans and the like of heading 9506. 2. The expressions "parts" and "parts and accessories" do not apply to the following articles, whether or not they are identifiable as for the goods of this Section: (a) Joints, washers or the like of any material (classified according to their constituent material or in heading 8484) or other articles of vulcanised rubber other than hard rubber (heading 4016); (b) Parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV), or similar goods of plastics (Chapter 39); (c) Articles of Chapter 82 (tools); (d) Articles of heading 8306; (e) Machines or apparatus of headings 8401 to 8479, or parts thereof; articles of heading 8481 or 8482 or, provided they constitute integral parts of engines or motors, articles of heading 8483; (f) Electrical machinery or equipment (Chapter 85); (g) Articles of Chapter 90; (h) Articles of Chapter 91; (ij) Arms (Chapter 93); (k) Lamps or lighting fittings of heading 9405; or (l) Brushes of a.....
View Complete Act List Judgments citing this sectionCentral Excise Tariff (Amendment) Act, 2004 Chapter LXXXVI
Title: Railway or Tramway Locomotives, Rolling-stock and Parts Thereof; Railway or Tramway Track Fixtures and Fittings and Parts Thereof; Mechanical (Including Electro-mechanical) Traffic Signalling Equipment of All Kinds
State: Central
Year: 2004
.....exempts marine freight containers, falling under Chapter 86 of the Schedule to the Central Excise Tarif Act, 1985 (5 of 1986), produced or manufactured in hundred per cent Export Oriented Unit or a unit in an Export Processing Zone or a Free Trade Zone from the whole of the duty of excise leviable thereon under section 3 of the Central Excise Act, 1944 (1 of 1944), when sold in India for export: Provided that the unit and buyer of the marine freight containers executes a bond in such form and for such sum as may be specified by the Assistant Commissioner of Customs incharge of the hundred per cent Export Oriented Unit or Export Processing Zone or Free Trade Zone, binding themselves to export the said containers within six months from the date of clearance from the hundred per cent Export Oriented Unit or Export Processing Zone or Free Trade Zone and to furnish documentary evidence thereof to the satisfaction of Assistant Commissioner of Customs and to pay the duty leviable thereon in the event of the failure of the said buyer to export the said marine freight containers: Provided further that the aforesaid period of six months may, on sufficient cause being shown, be.....
View Complete Act List Judgments citing this sectionCustoms Tariff (Amendment) Act, 2003 Chapter LXXXVI
Title: Railway or Tramway Locomotives, Rolling-sk and Parts Thereof; Railway or Tramway Track Fixtures and Fittings and Parts Thereof; Mechanical (Including Electro-mechanical) Traffic Signalling Equipment of All Kinds
State: Central
Year: 2003
.....EQUIPMENT OF ALL KINDS NOTES 1. This Chapter does not cover: (a) railway or tramway sleepers of wood or of concrete, or concrete guide-track sections for hovertrains (heading 4406 or 6810); (b) railway or tramway track construction material of iron or steel of heading 7302; or (c) electrical signalling, safety or traffic control equipment of heading 8530. 2. Heading 8607 applies, inter alia, to: (a) axles, wheels, wheel sets (running gear), metal tyres, hoops and hubs and other parts of wheels; (b) frames, under frames, bogies and bissel-bogies; (c) axle boxes, brake gear; (d) buffers for rolling-sk; hooks and other coupling gear and corridor connections; (e) coachwork. 3. Subject to the provisions of Note 1 above, heading 8608 applies, inter alia, to : (a) assembled track, turntables, platform buffers, loading gauges; (b) semaphores, mechanical signal discs, level crossing control gear, signal and point controls and other mechanical (including electro-mechanical) signalling, safety or traffic control equipment, whether or not fitted for electric lighting, for railways, tramways, roads, inland waterways, parking facilities, port installations or.....
View Complete Act List Judgments citing this sectionCustoms Tariff Act 1975 Chapter 40
Title: Rubber and Articles Thereof
State: Central
Year: 1975
.....products, whether or not vulcanised or hard: natural rubber, balata, gutta-percha, guayule, chicle and similar natural gums, synthetic rubber, factice derived from oils, and such substances reclaimed. 2. This Chapter does not cover: (a) Goods of Section XI (textiles and textile articles); (b) Footwear or parts thereof of Chapter 64; (c) Headgear or parts thereof (including bathing caps) of Chapter 65; (d) Mechanical or electrical appliances or parts thereof of Section XVI (including electrical goods of all kinds), of hard rubber; (e) Articles of Chapter 90, 92, 94 or 96; or (f) Articles of Chapter 95 (other than sports gloves, mittens and mitts and articles of headings 4011 to 4013). 3. In headings 4001 to 4003 and 4005, the expression "primary forms" applies only to the following forms: (a) Liquids and pastes (including latex, whether or not pre-vulcanised, and other dispersions and solutions); (b) Blocks of irregular shape, lumps, bales, powders, granules, crumbs and similar bulk forms. 4. In Note 1 to this Chapter and in heading 4002, the expression "synthetic rubber" applies to: (a) Unsaturated synthetic substances which can be irreversibly.....
View Complete Act List Judgments citing this sectionCompetition Act, 2002 Chapter 2
Title: Prohibition of Certain Agreements, Abuse of Dominant Position and Regulation of Combinations
State: Central
Year: 2002
.....of the Explanation to section 5.]] ___________________________________________ 1. Substituted for the following by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. "(1) No enterprise shall abuse its dominant position." 2. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words, brackets and figure "under sub-section (1), if an enterprise". 3. Inserted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. 4. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009. Section 5 - Combination Regulation of combinations 5. Combination.-- The acquisition of one or more enterprises by one or more persons or merger or amalgamation of enterprises shall be a combination of such enterprises and persons or enterprises, if-- (a) any acquisition where-- (i) the parties to the acquisition, being the acquirer and the enterprise, whose control shares, voting rights or assets have been acquired or are being acquired jointly have,-- (A) either, in India, the assets of the value of more than rupees one thousand crores or turnover more than.....
View Complete Act List Judgments citing this sectionCompetition Act, 2002 Section 4
Title: Prohibition of Abuse of Dominant Position: Abuse of Dominant Position
State: Central
Year: 2002
.....provision of services, at a price which is below the cost, as may be determined by regulations, of production of the goods or provision of services, with a view to reduce competition or eliminate the competitors. 3[(c) "group" shall have the same meaning as assigned to it in clause (b) of the Explanation to section 5.]] ___________________________________________ 1. Substituted for the following by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. "(1) No enterprise shall abuse its dominant position." 2. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words, brackets and figure "under sub-section (1), if an enterprise". 3. Inserted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. 4. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009.
View Complete Act List Judgments citing this sectionCompetition Act, 2002 Section 27
Title: Orders by Commission After Inquiry into Agreements or Abuse of Dominant Position
State: Central
Year: 2002
.....section, against such members of the group.]] __________________________________________ 1. Proviso substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. Prior to substitution it read as: "Provided that in case any agreement referred to in section 3has been entered into by any cartel, the Commission shall impose upon each producer, seller, distributor, trader or service provider included in that cartel, a penalty equivalent to three times of the amount of profits made out of such agreement by the cartel or ten per cent, of the average of the turnover of the cartel for the last preceding three financial years, whichever is higher;" 2. Clause (c) omitted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. Prior to omission it read as: "(c) award compensation to parties in accordance with the provisions contained in section 34;" 3. Clause (f) omitted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. Prior to omission it read as: "(f) recommend to the Central Government for the division of an enterprise enjoying dominant position;" 4. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the word.....
View Complete Act List Judgments citing this sectionRailways Act, 1989 Section 12
Title: Power to Alter the Position of Pipe, Electric Supply Line, Drain or Sewer, Etc.
State: Central
Year: 1989
(1)A railway administration may, for the purpose of exercising the powers conferredon it by this Act, alter the position of any pipe for the supply of gas,water,oil or compressed air, or the position of any electric supply line, drain orsewer: Providedthat before altering the position of any such pipe, electric supply line, drainor sewer, the railway administration shall give a notice indicating the time atwhich the work of such alteration shall commence, to the local authority orother person having control over the pipe, electric supply line, drain or sewer. (2)The railway administration shall execute the work referred to in subsection(1) to the reasonable satisfaction of the local authority or the personreceiving the notice under the proviso to sub-section (1).
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 19
Title: Admissions by Persons Whose Position Must Be Proved as Against Party to Suit
State: Central
Year: 1872
Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability. Illustration A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, IS A denies that C did owe rent to B.
View Complete Act List Judgments citing this sectionCompetition Act, 2002 Section 19
Title: Inquiry into Certain Agreements and Dominant Position of Enterprise
State: Central
Year: 2002
.....determining whether an agreement has an appreciable adverse effect on competition under section 3, have due regard to all or any of the following factors, namely:-- (a) creation of barriers to new entrants in the market; (b) driving existing competitors out of the market; (c) foreclosure of competition by hindering entry into the market; (d) accrual of benefits to consumers; (e) improvements in production or distribution of goods or provision of services; (f) promotion of technical, scientific and economic development by means of production or distribution of goods or provision of services. (4) The Commission shall, while inquiring whether an enterprise enjoys a dominant position or not under section4, have due regard to all or any of the following factors, namely:-- (a) market share of the enterprise; (b) size and resources of the enterprise; (c) size and importance of the competitors; (d) economic power of the enterprise including commercial advantages over competitors; (e) vertical integration of the enterprises or sale or service network of such enterprises; (f) dependence of consumers on the enterprise; (g) monopoly or dominant position whether.....
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