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Essar Steel Ltd. Vs. Union of India (Uoi)

Court : Gujarat

Subject : Customs

Acts : Finance Act, 2007 - Sections 99 and 114; Customs Act, 1962 - Sections 7, 12, 22, 25, 28(1), 30 and 76A to 76N; Sea Customs Act; Special Economic Zones Act, 2005 - Sections 1, 2, 2(1), 3, 3(1), 4, 4(1), 4(2), 4(4), 5, 7, 12, 15(9), 26, 26(1), 26(2), 30, 51, 53, 53(1), 53(2) and 55; Motor Vehicles Act - Sections 38 and 38(1); Taxation Act - Sections 3, 3(1) and 4A; Trade Marks Act - Sections 28; Uttar Pradesh Trade Tax Act, 1948 - Sections 3; Central Excise Act, 1944 - Sections 4 and 4(1); Factories Act, 1948; Sea Customs (Amendment) Act, 1955; Land Customs Act; Indian Aircrafts Act, 1911; Customs Tariff Act, 1975 - Sections 2, 2(15), 2(18), 2(19), 2(20), 2(22), 2(23), 2(25), 2(26), 2(27), 12, 14, 14(1), 17, 18, 46 and 50; Industries (Development and Regulation) Act, 1951; Income

Reported in : [2010]24STT121

21 of the SEZ Rules, 2006, it was also clarified that the provisions of Section 12 of the Customs Act, 1962 were inapplicable for the purpose of levying export duty for the aforesaid movement of goods, as such movement … duty at the rate of Rs. 300 per ton should not be demanded under Section 28(1) of the Customs Act, 1962. In a parallel development, export duty was imposed on specified iron and steel items with effect from 10-5-2008

Sudhir Kumar JaIn Vs. State of U.P.

Court : Allahabad

Subject : CustomsConstitution

Acts : Gold (Control) Act, 1968 - Sections 72; Customs Act, 1962 - Sections 115(2); Constitution of India - Arictle 226

Reported in : 2003(160)ELT80(All)

present in his vehicle yet proceedings were initiated against him. Show cause notices under Section 115, of the Customs Act, 1962 and under Section 72 of the Gold (Control) Act, 1968 were issued to show cause why the vehicle … confiscated for carrying contraband gold. Show cause notice were also issued under Sections 112 and 117 of the Customs Act, 1962 and under Sections 74 and 75 of the Gold (Control) Act as to why a penalty be not

M/S Santani Sales Organisation vs.central Excise, Customs and Service ...

Court : Delhi

Subject : Excise

enacting while the provisions of Section 35F of the Central Excise Act, 1944 and Section 129E of the Customs Act, 1962. Be that as it may, we find that the said provisions of pre-depositing an amount for preferring 1st … deposit it made, as per Section 35FF of the Central Excise Act, 1944 or Section 129EE of the Customs Act, 1962, all introduced w.e.f. 06.08.2014. In case appellant looses(sic) the case, then also Appellant will have to pay lesser

Directorate of Revenue Intelligence Vs. Girish Dhawan

Court : Delhi

Subject : CustomsCriminal

Acts : Customs Act, 1962 - Sections 132, 135(1) and 135(1)(2); Antiquities and Art Treasurer Act, 1972

Reported in : 129(2006)DLT588; 2006(203)ELT369(Del)

of discharge under offences alleged to have been committed by them under Section 132 and 135(1)(a) of the Customs Act, 1962. It was their contention before the learned ACMM that when a special act and a special procedure has … before the learned ACMM that when a special act and a special procedure has been provided then the Customs Act, 1962 would not operate in so far as prosecution is concerned. It is their case that prosecution in respect

JaIn Exports P. Ltd. and anr. Vs. Union of India (Uoi)

Court : Delhi

Subject : Customs

Acts : Imports and Exports (Control) Act, 1947 - Sections 4, 4(1), 15D and 15E; Imports (Control) Order, 1955; Customs Act, 1962 - Sections 127, 167, 167(8) and 186; Foreign Trade (Development and Regulation) Act, 1992 - Sections 11(2); Central Excise Act, 1944 - Sections 11A(1), 11A(2), 11AC

Reported in : 2010(250)ELT15(Del)

as unauthorized and the importer/owner of the goods will be liable to punishment under the provisions of the Customs Act, 1962 without prejudice to any other action that may be taken in this behalf under the Imports and Exports … licence for the said import and the importer/owner of the goods would be liable to penalty under the Customs Act, 1962 without prejudice to any action that might be taken under the Act and the order made thereunder.8. Paragraph

M. Abdul Majeed Vs. A.K. Batabyal and anr.

Court : Karnataka

Subject : Criminal

Acts : Conservation of Foreign Exchange Prevantion of Smuggling (Activities) Act, 1974 - Sections 2, 3(1) and 13(1); Customs Act, 1962 - Sections 3, 2(39) and 123; Gold Control Act, 1968

Reported in : 1990CriLJ766; ILR1989KAR3609

officers on the reasonable belief that goods of foreign origin liable for confiscation under the provisions of the Customs Act, 1962 have been concealed ingeniously the said cars directed them to bring the cars to their office for further … the ground of detention were read :- 7. You were arrested on 14-2-1989 under the provisions of the Customs Act, 1962 read with Gold Control Act, 1968 and produced before the 1st Additional Chief Judicial Magistrate, Mangalore on the

Shashi Goyal Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Criminal

Acts : Customs Act, 1962 - Sections 2(39), 3, 3(1), 104 and 111; Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 5A, 11 and 11(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 167(2); Constitution of India - Articles 21 and 22(5); Indian Penal Code

Reported in : 2008CriLJ2459; 148(2008)DLT382; 2008(101)DRJ696

narrate inter alias that the Detenu was arrested on 0200 hours on 29.10.2007 under Section 104 of the Customs Act, 1962 and on production in the Court of learned ACMM, Patiala House, New Delhi was lastly remanded to judicial … Delhi; that you were examined on 26.8.2004 and were subsequently arrested for offences punishable under the provisions of Customs Act, 1962; that you were also detained under COFEPOSA Act on 20.02.2006 for your involvement in that case. However, the

Sriram Mills and anr. Vs. Union of India and ors.

Court : Andhra Pradesh

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(33), 3(2) and (3), 11, 12, 25(1), (2) and (3), 111, 112, 143(A) and 167(8); Foreign Trade (Development and Regulation) Act, 1992 - Sections 11 - Rule 9; Constitution of India - Article 226; Import and Exports (Control) Act, 1947 - Sections 2(E), 3(2), 4, 5, 9, 11, 14, 15 and 20; Foreigh Trade (Development and Regulation) Ordinance, 1992; Foreigh Trade (Regulation) Rules, 1993 - Rules 2 and 6(2); Sea Customs Act, 1878 - Sections 19, 167(8) and 168

Reported in : 1998(3)ALD441; 1998(4)ALT207; 1998(61)ECC456

as the respondents, it is necessary to refer to the legal position obtaining under the Act and the Customs Act, 1962 and the respective jurisdiction and powers of officers under both the acts; The field of import and export … deemed to be goods the import or export of which has been prohibited under Section 11 of the Customs Act, 1962 (52 of 1962), and all the provisions of that Act shall have effect accordingly. Section 4 provides for

Gurdev Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : CriminalCustoms

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3; Constitution of India - Article 226

Reported in : 2001CriLJ772; 2001(76)ECC443

am reasonably satisfied that your activities amount to smuggling of goods as defined in Section 2(39) of the Customs Act, 1962 and as adopted in the COFEPOSA Act, 1974 via Section 2(e) thereof since your acts and omissions have … acts and omissions have rendered the goods involved liable to confiscation under Sections 111 and 113 of the Customs Act, 1962 read inter alias with Rule 11 and Rule 14 of Foreign Trade (Regulation) Rule 1993, framed under Foreign

Commissioner of Customs (Air), Chennai Vs. P. Sinnasamy and Another

Court : Chennai

Subject : Land Acquisition

(Prayer: Civil Miscellaneous Appeal is filed under Section 130(1) of the Customs Act, 1962, against the Final Order No.455 of 2007, dated 20.04.2007, on the file of Customs, Excise and Service Tax … weighting 2548.3 grams valued at Rs.10,34,355/- (M.V.) should not be confiscated under Section 111(d)(i)(l) and (m) of the Customs Act, 1962. (ii) Why the material objects such as aluminum foil, black gum tape, rose brand folding scissors packets, MAX