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Indian Overseas Bank Vs. Collector of Customs, Madras
Chennai
Feb-11-1982
Customs
Customs Act, 1962 - Sections 111, 112, 124, 125 and 126
1984(2)ECC253; 1985LC221(Madras)
confiscate the goods under Section 111(d) of the Customs Act, 1962. I give the importers an option under Section 125 of the Customs Act, 1962, in lieu of confiscation to clear the goods for home consumption on payment … appellate order has also been extracted already. 17. I will now refer to the relevant provisions of the Customs Act, 1962. Section 111 is one in relation to confiscation of goods. Section 112 is in relation to imposition of penalty.
Tag this Judgment! AI Brief & AskBaroda Rayon Corporation Limited, Bombay Vs. Union of India and Anothe ...
Mumbai
Apr-07-1988
Customs
Customs Act, 1962 - Sections 125; Industries (Development and Regulation) Act, 1951
1988(36)ELT20(Bom)
goods, but allowed the same to be redeemed on payment of redemption fine under Section 125 of the Customs Act, 1962. This is the order of 9th of November, 1981 which is the subject-matter of challenge in this petition.5.
Tag this Judgment! AI Brief & AskPradeep Ch. Saha Vs. Additional Collector of Customs
Kolkata
Jul-09-1993
Customs
Customs Act, 1962 - Sections 111, 112, 125, 125(1), 129A(1), 129B(2), 129B(4), 129D, 129D(2) and 129D(4); ;Customs Rules
1995(51)ECC110,1993(68)ELT525(Cal)
the importer has failed to produce the same, the goods become liable for confiscation under Section 111(d) of Customs Act, 1962 and the importer becomes liable for penalty under Section 112 of the said Act, I, therefore, impose a … adjudication--Imposition of redemption fine based on market price on date of adjudication--Illegal--Order to be quashed--Customs Act (52 of 1962), Section 125. -
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Commissioner of Customs (Preventive) Vs. Uma Shankar Verma
Kolkata
May-10-1999
Customs
Customs Act, 1962 - Sections 2(33), 5, 10(2), 11, 41(2), 80E(1), 111, 115(2) and 125; ;Foreign Trade (Development and Regulation) Act, 1992 - Section 3 and 3(3)
2000(70)ECC163,2000(120)ELT322(Cal)
this appeal :-(a) Whether the gold is a prohibited item within the meaning of the provisions of the Customs Act, 1962 ?and(b) Whether in view of the provisions contained in Section 125 of the said Act the learned Trial
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, … were liable to be returned to the petitioners. The second argument of Sri A.P. Mathur is that under Section 125 of the Act penalty or fine in lieu of confiscation shall not exceed the market price of the
Tag this Judgment! AI Brief & AskRajesh Kumar Vs. the Commissioner of Customs and the Superintendent of ...
Chennai
Jan-20-2006
Customs
Customs Act, 1962 - Sections 110, 110(1A), 111, 123, 125, 125(2) and 128A; Constitution of India - Article 226
2006(198)ELT9(Mad)
for confiscation as the petitioner has not discharged the burden of proof as per Section 123 of the Customs Act, 1962 and remitted the matter back to the adjudicating authority. As per the direction of the Tribunal, the Joint … Zonal Bench at Madras against the order of the Commissioner. The Tribunal remanded the matter for consideration under Section 125 of the Customs Act for redemption by order dated 29.12.1997. The Joint Commissioner of Customs, Trichy, the first
Tag this Judgment! AI Brief & AskMohd. Ayaz Vs. Union of India (Uoi)
Delhi
Aug-30-2000
Customs
Customs Act, 1962 - Sections 125
2003(151)ELT39(Del)
of India, Ministry of Finance, Department of Revenue, while dealing with an application under Section 129DD of the Customs Act, 1962 (in short, the Act), is subject-matter of challenge in this writ petition. By the said order, in terms … short, the Act), is subject-matter of challenge in this writ petition. By the said order, in terms of Section 125 of the Act, the Revisional Authority allowed redemption of the foreign currencies confiscated on payment of Rs. 55,000/-
Tag this Judgment! AI Brief & AskCommissioner of Customs (import) Vs. Wockhardt Hospital and Heart Inst ...
Mumbai
Apr-28-2006
Customs
Customs Act, 1962 - Sections 12, 25, 28, 28(1), 47, 47(1), 111, 112, 115(2), 124, 125, 125(1), 125(2), 130 and 143; Customs (Amendment) Act, 1985 - Sections 125(2); Income Tax Act, 1961; Customs Tariff Act, 1975
2006(200)ELT15(Bom)
J.P. Devadhar, J. 1. These two appeals are filed by the revenue under Section 130 of the Customs Act, 1962. Since the issue involved in these appeals are common, both these appeals are heard together and disposed of … Tribunal held that on confiscation, the goods vest in the government and the liability to pay duty under Section 125(2) of the Customs Act, 1962 would arise only if the owner opts to redeem the goods by paying
Tag this Judgment! AI Brief & Askiron Master (India) Pvt. Ltd. Vs. Union of India (Uoi) and ors.
Delhi
Jul-23-1999
Customs
Customs Act, 1962 - Sections 111 and 125(2)
81(1999)DLT866; 1999(51)DRJ254; 2000(67)ECC376; 2000LC60(Delhi); 1999(114)ELT792(Del)
imposed in respect of the imported goods. The goods imported had been confiscated under Section 111(d) of the Customs Act, 1962, but an option to pay redemption fine and--penalty in lieu of confiscation, had been provided to the petitioner … an option to pay redemption fine and--penalty in lieu of confiscation, had been provided to the petitioner under Section 125 of the said Act.3. Let us briefly notice the factual matrix of the two writ petitions before dealing
Tag this Judgment! AI Brief & AskKhairul Jabbar and ors. Vs. L.C.T. Korea Horizon and ors.
Mumbai
Jun-28-2004
Customs
Customs Act, 1962 - Sections 111, 112, 115, 125, 125(1), 126 and 142
2004(6)BomCR210; 2005(101)ECC375
the Collector of Customs shows that penalty on crew members has been imposed under Section 112(a) of the Customs Act, 1962. Perusal of provisions of Section 112 of the Customs Act shows that it empowers the authority to impose … Customs Act shows that power is conferred on the authorities of the Customs Department to confiscate the vessel. Section 125 of the Customs Act is relevant. It reads as under :--'125. Option to pay fine in lieu of
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