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Madanlal Steel Industries Ltd. Vs. Union of India
Chennai
Aug-21-1991
Customs
Customs Act, 1962 - Sections 2(19), 7, 11, 11(2), 24, 28, 32, 33, 34, 45, 47, 51, 77, 89, 109, 110, 111, 112, 124, 129D and 130
1992(38)ECC325; 1991(56)ELT705(Mad); (1992)IIMLJ43
check, who, after necessary examination, assessed the goods for duty by an order under Section 47 of the Customs Act, 1962 (hereinafter referred to as 'the Act'). After the order four out of the six containers were cleared from … goods are seized under sub-section (1) and no notice in respect thereof is given under clause (a) of Section 124 within six months of the seizure of the goods, the goods shall be returned to the person from
Tag this Judgment! AI Brief & AskCommissioner of Customs Vs. Sri Vikram JaIn S/O Sri Bheemraj Jain, Pro ...
Karnataka
Sep-30-2009
Customs
Customs Act, 1962 - Sections 4, 7, 12, 28, 28(1), 28AB, 32, 33, 34, 45(2), 54(1), 77, 108, 109, 111, 112, 113, 118, 122A(1), 123, 124 and 125; Sea Customs Act; Sea Customs (Amendment) Act, 1955; Customs Tariff Act, 1975; Import Trade Control Order, 1955
2009(170)LC236(Karnataka); 2009(244)ELT504(Kar)
hands of the importer.12. The levy of, and exemption from customs duties is traceable to chapter V of Customs Act, 1962 Section 12 of the Customs Act provides for levy of Customs duty at such rates as may be specified … India. In the instant case a show-cause notice came to be issued on 24-11-2000 to the respondents under Section 124 of the Customs Act and notifying the respondents as to why goods namely raw-silk/silk yarn should not be
Tag this Judgment! AI Brief & AskChemitex, Goa and Another Vs. Union of India and Others
Mumbai
Jan-18-1982
Customs
Customs Act 1962 - Sections 105, 110, 110(2), 110(3), 124 and 129; Central Excise Rules, 1944 - Rule 156; Central Excise Act, 1944 - Sections 12, 18, 35 and 35B
1983(14)ELT2130(Bom)
In this petition under Article 226 of the Constitution, petitioners seek a declaration that Section 110(3) of the Customs Act, 1962 is unconstitutional, illegal, null and void, and by way of writs of certiorari and mandamus, or by writs … 110(2) that when goods are seized and no notice in respect thereof is given under clause (a) of Section 124 within six months of the seizure of the goods (which period can be extended by another period of
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Ex. Wing Commander V. Mehta Vs. Union of India (Uoi) and ors.
Delhi
Sep-01-2008
Service
Customs Act, 1962 - Sections 124; Custom Rules; Gold (Control) Act, 1968 - Sections 79; Air Force Act, 1950 - Sections 19; Air Force Regulations, 1961; Air Force Rules, 1969 - Rules 16, 16(2), 16(3), 16(5) and 17; Constitution of India - Article 226
153(2008)DLT210
were seized. The goods were absolutely confiscated after issuing a show cause notice under Section 124 of the Customs Act, 1962 as well as Section 79 of Gold (Control) Act, 1968 by the Collector of Customs (Gujarat) on 21.8.1989.
Tag this Judgment! AI Brief & AskKrampe Hydraulik (India) and ors. Vs. Union of India (Uoi) and ors.
Delhi
Jul-30-2003
Customs
Customs Act, 1962 - Sections 47, 110, 110(1), 112 and 124
2003VIAD(Delhi)436; 2003(71)DRJ353
answer to question (i) above is in the affirmative, whether the Show Cause Notice which was issued under Section 124 of the Customs Act 1962 on 7.5.1977 was not bad in law in view of the provisions of … detention of the petitioners' goods on 3.11.1976 amounted to seizure within the meaning of Section 110(1) of the Customs Act, 1962?(ii) If the answer to question (i) above is in the affirmative, whether the Show Cause Notice which was
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.
Tag this Judgment! AI Brief & AskD. Sengupta Vs. Collector of Customs and ors.
Kolkata
Dec-22-1986
Customs
Customs Act, 1962 - Sections 2(15), 49, 108, 110, 110(1), 110(2), 124 and 129D; ;Customs House Agents Licensing Regulations, 1984 - Section 2
1987(13)ECC175,1987(13)LC165(Calcutta),1987(31)ELT30(Cal)
Warehouse, M/s. Shalimar Steel Processors at Howrah.7. On 27th September, 1985 a notice under Section 110 of the Customs Act, 1962 was issued by the Collector of Customs, Calcutta in respect of the said goods. In the said notice … of time for a period of 3 months allegedly granted for issuance of the show cause notice under Section 124 of the Act.13. The petitioner has challenged the proceedings initiated under Section 110(2) and Section 124 of the
Tag this Judgment! AI Brief & AskThe Commissioner of Customs (Preventive) Vs. Noble Asset Co. Ltd. and ...
Mumbai
Aug-04-2008
Customs
Customs Act, 1962 - Sections 2(27), 2(28), 2(34), 4, 4(1), 5, 6, 7(6), 7(9), 21, 28, 28(1), 28(2), 45, 108, 110, 122 and 124; Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 - Sections 5; U.P. Sales Tax Act; Constitution (Fortieth Amendment) Act, 1976; State Reorgainsation Act, 1956 - Sections 8(1); Bombay Reorganisation Act, 1960 - Sections 3(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 2; Constitution of India - Articles 1, 1(2), 1(3) and 297
2008(5)BomCR25; 2008(131)ECC102; 2008(157)LC102(Bombay); 2008(230)ELT22(Bom)
in the EEZ.10. To answer the issue we may firstly refer to some of the provisions of the Customs Act, 1962. Section 2(27) defines 'India' to include the territorial waters of India.Section 2(28) defines 'Indian customs waters' to mean the … case that Commissioner of Customs (Preventive) is not a Commissioner of Customs. Reference is also then made to Section 124 of the Customs Act in the matter of show cause to point out that there is no time
Tag this Judgment! AI Brief & AskGopal Chaddha Vs. Cegat
Allahabad
Jan-07-2000
Customs
Customs Act, 1962 - Sections 110(2), 112(2), 124, 125, 125(1) 129 and 129B(2)
2000(70)ECC607; 2000(118)ELT555(All)
No. 2 be not confiscated and they may not be penalised for contravention of the provision of the Customs Act, 1962. The petitioners, however, applied for release of seized goods in terms of Section 112(2) of the Customs Act, … rejecting the first contention of the learned counsel for the petitioners. It is further submitted that proceedings under Section 124 of the Customs Act are independent and distinct and have no concern with the release of the goods
Tag this Judgment! AI Brief & AskJeevraj and ors. Vs. Collector and Customs and ors.
Supreme Court of India
Jul-29-1997
Media and CommunicationCustoms
Customs Act, 1962 - Sections 110(2) and 124
1997(94)ELT459(SC); JT1998(4)SC435; (1997)8SCC519
falls for consideration in these appeals by the assessee is whether a notice under Section 124 of the Customs Act, 1962 (hereinafter referred to as 'The Act') is required to be issued within the period specified under Section 110(1),
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