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Commissioner of Customs Vs. Sindhu Cargo Services Ltd. and Customs, Ex ...
Chennai
Nov-23-2006
Customs
Customs Act, 1962 - Sections 113, 130 and 146; Customs House Agents Licensing Regulations, 2004 - Regulations 13, 19(8), 20, 20(1), 20(2), 22, 22(7) and 22(8); Customs House Agents Licensing Regulations, 1984 - Regulation 10(2); Customs Law
2007(114)ECC305; 2007LC305(Madras)
Regulations, 2004, but also remained part and parcel of the fraud committed against the Department in contravention of Section 113 of Customs Act, 1962 and Rule 16A of Drawback Rules. The first respondent as well as its Managing … P.P.S. Janarthana Raja, J.1. The present appeal is filed under Section 130 of the Customs Act, 1962 by the Revenue against the order dated 06.12.2005 passed by the Customs, Excise & Service Tax Appellate Tribunal,
Tag this Judgment! AI Brief & AskUnion of India (Uoi) and ors. Vs. Peerulal and ors.
Rajasthan
May-22-1995
Customs
Customs Act, 1962 - Sections 2(39), 7, 11I, 11K, 108, 113, 114, 124 and 135A
1995CriLJ3356; 1995(2)WLN232
and 11I and Section 135A of the Customs Act, 1962 and the goods were liable to confiscation under Section 113 of the Customs Act, 1962 and the persons were liable to be punished under Sections 114 and 135 … the petition) qua the petitioner Peerulal only. The show cause notice was issued under Section 124 of the Customs Act, 1962. The learned Single Judge also directed to restore the seized 479 bottles of Imperial Whisky seized vide seizure
Tag this Judgment! AI Brief & AskMr. V.J.A. Flynn and Mr. Shyam Sunder Rastogi Vs. Union of India (Uoi) ...
Delhi
Nov-26-2002
Customs
Customs Act, 1962 - Sections 4, 108, 110, 113, 118, 122, 124 and 135; Antiquities and Art Treasure Act, 1972 - Sections 2(1), 3 and 24; Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3 and 9; Income Tax Act, 1961 - Sections 142(1), 143(2) and 148
2003(66)DRJ381; 2003(86)ECC129; 2003(159)ELT92(Del)
show cause notice dated 2nd December, 1994, issued by the Collector of Customs under Section 124 of the Customs Act, 1962, as to why the seized goods be not confiscated and personal penalty be not imposed on the petitioners. … to show cause as to why the seized antique coins/goods and the non-antique goods be not confiscated under Section 113 and 118 of the Customs Act read with the Antiquities Act and as to why the personal penalty
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Commissioner of Central Excise and Customs, A.P. Vs. Suresh Jhunjhunwa ...
Supreme Court of India
Oct-19-2006
Customs
Customs Act, 1962 - Sections 2(33), 2(41), 14, 50, 113, 114 and 125; Foreign Exchange Regulation Act - Sections 8(1), 12(1), 12(2), 15, 18, 22, 23, 23A and 23(1A); Sea Customs Act, 1878 - Sections 19 and 167(8); Foreign Trade (Development and Regulation) Rules, 1993 - Rules 5(2) and 11; Exchange Control Act
2006(112)ECC229; 2006LC229(SC); 2006(203)ELT353(SC); JT2006(9)SC361; 2006(10)SCALE480
seized at Chennai port on 24.1.2001 should not be confiscated under Section 113(d), 113(h) & 113(i) of the Customs Act, 1962; iv) The goods seized vide panchnama dt. 24.2.2001 at Plot No. 18, Paigah Colony, S.P. Road, Secunderabad should
Tag this Judgment! AI Brief & AskP.V. AlbIn Vs. Union of India (Uoi)
Kerala
Feb-02-1979
Customs
Export (Quality Control and Inspection) Act, 1963 - Sections 6, 7 and 7(3); Customs Act, 1962 - Sections 11, 11(2), 50, 77, 113, 113(1), 114, 118 and 133; Import and Export (Control) Act, 1947 - Sections 3(2); Exports (Control) Order, 1969
1979CENCUS489D; 1988(36)ELT262(Ker)
the 'Quality Control Act'), why their goods should not be confiscated under Sections 113 and 118(b) of the Customs Act, 1962, and why penalty under Section 114 of the Customs Act should not be imposed upon them. Ext. P2
Tag this Judgment! AI Brief & AskYash Export Industries and Others Vs. Union of India and Others
Allahabad
Oct-14-1999
Customs
Customs Act, 1962 - Sections 11, 11(2), 108, 108(4), 111, 113 and 114; Code of Civil Procedure (CPC), 1908 - Sections 132; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Foreign Exchange Regulations Act, 1973 - Sections 13, 18(1), 18(A), 19(1) and 67; Foreign Exchange Regulations Act, 1947 - Sections 12; Constitution of India - Article 226
2000(1)AWC30
S.R. Singh, J.1. Summons dated 9.4.1999 issued under Section 108 of the Customs Act. 1962 (in short the 'Act') being Annexures-3 and 4 are sought to be quashed by issuance of writ of … bills in relation to the goods in question had not been filed to the benefit of the 'drawback' Section 113 of the Act would not at all be attracted so as to Justify an enquiry under Section 108
Tag this Judgment! AI Brief & AskPooja Batra Vs. Union of India (Uoi) and ors.
Supreme Court of India
Mar-27-2009
Criminal
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3; Customs Act, 1962 - Sections 2(39), 7, 32, 33, 34, 45(2), 54(1), 77, 108, 109, 111 and 113; Indian Penal Code (IPC) - Sections 199, 420, 468 and 471; Code of Criminal Procedure (CrPC) - Sections 482; Constitution of India - Articles 22(5) and 226; Importer Exporter Code
AIR2009SC2256; 2009(57)BLJR1518; 2009CriLJ2797; 2009(166)LC149(SC); 2009(237)ELT17(SC); JT2009(5)SC194; 2009(1)OLR(SC)917; 2009(4)SCALE653; (2009)5SCC296; 2009(4)LC1965(SC
goods, means any act or omission which will render such goods liable to confiscation under Section 111 or Section 113; Section 111 of the Customs Act, 1962 deals with confiscation of improperly imported goods which reads as thus:111. … do not tally.11. It is also relevant to refer the definition of 'smuggling' in Section 2(39) of the Customs Act, 1962 which reads as under:'smuggling', in relation to any goods, means any act or omission which will render such
Tag this Judgment! AI Brief & AskCommissioner of Customs, Kolkata Vs. Peerless Consultancy Services Pvt ...
Supreme Court of India
May-24-2007
Customs
Customs Act, 1962 - Sections 11, 113 and 114; Foreign Trade (Regulation) Rules, 1993 - Rules 11 and 14; Foreign Trade (Development and Regulation) Act, 1992 - Sections 3(3)
2007(119)ECC77; 2007LC77(SC); 2007(213)ELT481(SC); [2007(3)JCR185(SC)]; JT2007(8)SC505; 2007(8)SCALE386
and the value of the steel balls and willful misstatement and suppression and violation of Section 113(d) of Customs Act, 1962 (in short the 'Act') read with Rule 11 of Foreign Trade (Regulation) Rules 1993 (in short the 'Foreign
Tag this Judgment! AI Brief & AskEuresian Equipments and Chemicals Ltd. and ors. Vs. the Collector of C ...
Kolkata
Jul-24-1979
CustomsFERA
Foreign Exchange Regulation Act, 1947 - Sections 12(1) and 23A; ;Customs Act, 1962 - Sections 2(19), 11, 51, 113 and 114
AIR1980Cal188,1979(2)CHN248,1980(6)ELT38(Cal)
at p. 506:'Furthermore, it appears that goods are not export goods as denned under Section 2(19) of the Customs Act, 1962, Section 2(19) of the Customs Act, 196? defines 'export goods' as goods which are to be taken out of … 'export goods' as defined in Section 2 (19) of the Customs Act, 1982 and liable to confiscation under Section 113 for the purpose of imposition of penalty under Section 114 of the said Act. 2. The Division Bench
Tag this Judgment! AI Brief & AskCollector of Customs Vs. Lexus Exports Private Ltd.
Kolkata
Jun-28-1993
CustomsFERA
Foreign Exchange Regulation Act, 1973 - Sections 12(1), 18, 18(1), 23 and 67; ;Foreign Exchange Regulation Act, 1969; ;Customs Act, 1962 - Sections 11, 11(1), 11(2), 13, 18(1), 19(1), 113 and 113(1); ;Foreign Exchange Rules; ;Foreign Exchange Regulations; ;Sea Customs Act; ;Constitution of India - Article 226
1994(48)ECC10,1994(69)ELT228(Cal)
concerned with over-invoicing.21. Section 67 of the Foreign Exchange Regulation Act, 1973 provides as follows :-'Application of the Customs Act, 1962 -The restrictions imposed by or under Section 13, Clause (a) of Sub-section (1) of Section 18 and Clause … a deemed violation of Section 11 of the Customs Act, the goods are liable to be confiscated under Section 113(a) of the Customs Act.17. FERA was enacted for the conservation of foreign exchange resources of the country and
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