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Hindustan Electronics (Gem Vs. Collector of Customs and Central
Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Jun-19-1987
Miscellaneous
(1987)(31)ELT252TriDel
is on the Revenue and not on the appellant because notifications were issued under Section 11C of the Customs Act, 1962 (Chapter IV) and there are no corresponding notifications or amendment of law under Section 123 of the Customs Act, … 1985 (21) ELT 521 (Tribunal)State (Collector of Central Excise) v. Tapan Kumar Shome reported in 1986 (23) ELT 42 (Orissa) (4) Assistant Collector of Customs, Dhubri v. Umed Kumar Jain reported in 1986 (23) ELT 152.Shri Chandrasekharan
Tag this Judgment! AI Brief & AskM/s. Amritlakshmi Machine Works and Another Vs. The Commissioner of Cu ...
Mumbai
Jan-29-2016
Land Acquisition
four appeals (two by the partnership firm and two by its managing partner) under Section 130 of the Customs Act, 1962 (the Act) from a common order dated 7th May 2012 of the Customs, Excise Service Tax Appellate Tribunal … The scheme of the Act and FERA are entirely different. The Act unlike FERA is divided into different chapters and certain provisions/ sections of the Act, are made applicable only to a particular chapter. This chapterization is … expressions, shall have the same meaning as in the Indian Penal Code. 42: - person shall include any company or association or body of individuals,
Tag this Judgment! AI Brief & AskTofan Singh Vs. The State Of Tamil Nadu
Supreme Court of India
Oct-29-2020
Right to Information
thereafter came to the conclusion that the NDPS Act, being a penal statute, is in contradistinction to the Customs Act, 1962 and the Central Excise Act, 1944, whose dominant object is 2 to protect the revenue of the State, … necessary safeguards against arbitrary search, seizure and arrest, or else it would fall foul of the fundamental rights chapter of the Constitution. He argued that the NDPS Act was penal in nature, and contained regulatory provisions as … down to two issues, namely: “1. Whether an officer “empowered under Section 42 of the NDPS Act” and/or “the officer empowered under Section 53 of
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Justice k.s.puttaswamy(retd) Vs. Union of India
Supreme Court of India
Sep-26-2018
Right to Information
of Money-Laundering Act, 2002 (Sections 17-19); the Narcotic Drugs and Psychotropic Substances Act, 1985 (Sections 41-42) and the Customs Act, 1962 (Chapter13) which allow for search, seizure or even arrest, and thereby provide access to personal information also bear … there are directions prohibiting manipulation and fraudulent practices but the Act contains penal provisions for such violations in Chapter VII of the Regulations. The enrolment agencies are empanelled by the Authority. They are given an enrolling agency
Tag this Judgment! AI Brief & AskThe Trustees of the Port of Madras Vs. Aminchand Pyarelal and ors.
Supreme Court of India
Sep-09-1975
Customs
Indian Contract Act - Sections 151, 152 and 161
AIR1975SC1935; (1976)3SCC167; [1976]1SCR721
the 3rd respondent passed an Order on November 12, 1963, confiscating the goods under Section 111(a) of the Customs Act, 1962. The 1st respondent preferred an appeal against that Order to the Central Board of Excise and Customs New … of a bailee under Sections 151, 152 and 161 of the Indian Contract Act subject to certain modifications.14. Chapter VI of the Act which appears under the heading 'Imposition and Recovery of Rates' contains provisions which have … which have direct impact on the contentions raised in this appeal. Section 42 empowers the Board to frame a scale of rates at which and
Tag this Judgment! AI Brief & AskIn Re: Bayerische Motoren Werke
Authority for Advance Rulings
Oct-28-2005
Land Acquisition
(2006)(193)ELT138AAR
Members For Appellant/Petitioner/Plaintiff: J. Vellapally, Sr. Adv., Ravi Nath, Kumkum Sen, Rajesh Roshan, Gerhard Lindner and Peter Baumgartner, Advs.Customs Act, 1962 - Sections 2(9), 2(26), 2(28), 2(42), 25(1), 28J and 28H; Customs Tariff Act, 1975 - Section 3; Motor … said Table read with the relevant List appended hereto, as the case may be, and falling within the Chapter, heading or sub-heading of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as are
Tag this Judgment! AI Brief & AskMs.First Track Traders Vs. the Commissioner of Customs
Chennai
Mar-01-2012
Land Acquisition
behalf the said bill of entry was filed by the CHA, was summoned under Section 108 of the Customs Act, 1962. The said Sri. S.Rajapathi, Proprietor of M/s First Tract Traders was summoned to give evidence and produce documents … photocopier machines. There are two types of classifications involved. The Multifunctional (print and copying) Machines are classifiable under Chapter Heading No.84433100 and the Photocopier Machines are classifiable under Chapter Heading No.8443 3920 or 84433930. The importer through
Tag this Judgment! AI Brief & AskM/s. Sri Amman Chemicals Vs. The Chief Controller of Explosives, Petro ...
Chennai
Aug-11-2016
Customs
Customs Authorities seized the goods on 12.11.2015. The Customs Authorities filed a petition under Section 110A of the Customs Act, 1962, before the Additional Chief Metropolitan Magistrate (EO1) Court, Egmore, Chennai, praying for a certification of the correctness of … such suspension or revocation, the licencee shall surrender the licence without delay in terms of sub-section (9). 17. Chapter II of the Rules, deals with General Provisions under which Rule 6 specifies the 'General Restrictions'. For the … per the provisions of Section 6E of the Act read with Rule 42 of the Rules. By the same order, the petitioner was directed to
Tag this Judgment! AI Brief & AskHyundai Heavy Industries Co. Ltd. Vs. Commissioner of Customs,
Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Aug-14-2006
Service Tax
for coastal run which was allowed as also Port Clearance under the provisions of Section 42 of the Customs Act, 1962 was applied for and granted by the proper officer at Mumbai Custom House. The vessels were examined by … they are cleared for home consumption or are warehoused or are transshipped in accordance with the provisions of Chapter VIII.And the Mumbai Port Trust is an approved custodian under this provision for all imported goods, they have
Tag this Judgment! AI Brief & AskAban Loyd Chiles Offshore Ltd. and anr. Vs. Union of India (Uoi) and o ...
Supreme Court of India
Apr-11-2008
Customs
Customs Act, 1962 - Sections 2, 2(21), 2(27), 2(28), 11, 12, 14, 52, 53, 54, 86, 86(2), 87 and 90; Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 - Sections 3, 3(2), 3(3), 3(4), 4, 5, 6, 6(1), 6(2), 6(5), 6(6), 7, 7(1), 7(6) and 7(7); Customs Tariff Act, 1975; General Clauses Act - Sections 3(28); Constitution of India - Articles 1, 1(3), 265 and 297; Customs Act, 1982; Central Excise Act, 1944; Income Tax Act, 1961 - Sections 9(1)
2008(128)ECC213; 2008(154)LC213(SC); 2008(227)ELT24(SC); JT2008(5)SC256; 2008(6)SCALE128; (2008)11SCC439
falling outside the territorial waters of India, are 'foreign going vessels' as defined by Section 2(21) of the Customs Act, 1962, and are entitled to consume imported stores thereon without payment of customs duty in terms of Section 87 … Sections 53 and 54 of the Customs Act, the same was not pressed into service before us as Chapter VIII in which Sections 53 and 54 find their place does not apply to baggage, postal articles and … appeals are dismissed with costs.8. The Central Government issued Notification No. S.O. 429 (E) dated 18.07.1986 under Section 6(5)(a) and Section 7(6)(a) of the Territorial
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