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Kamat Printers Pvt. Ltd. and Vs. Union of India (Uoi) Through the Seni ...
Mumbai
Aug-12-2009
Customs
Customs Act, 1962 - Sections 28, 28(1), 28(2), 28AB, 28AB(1), 28AB(2), 59, 59(1), 61(2), 127A and 28AB(2), 127B, 127B, 127C, 127C(1), 127C(6), 127C(7), 127C(9), 127F, 127F(1), 127H and 127J; Customs Act, 1961 - Sections 14(1); Central Excise Act, 1944; Finance Act (2), 1996; Valuation Rule, 1988 - Rule 8
2009(170)LC91(Bombay)
dated 16th June, 2000 only demanded duty and not interest. It is submitted that considering the provisions of Section 127C of the Customs Act, 1962 as the issue of interest was not the subject of the case, the … behalf of the petitioners has been that no show cause notice as required under Section 28 of the Customs Act, 1962 (hereinafter referred to as the Act) was served on the petitioners. The show cause notice dated 16th June,
Tag this Judgment! AI Brief & AskChawla Enterprises Ltd. Vs. Commissioner of Customs and ors.
Delhi
May-01-2003
Customs
Income Tax Act, 1961 - Sections 254(D)1, 245E; Customs Act, 1962, - Sections 127A, 127B, 127C(1), 127C(7) and 127E; Companies Act, 1956; Central Excise Tariff Act, 1985
2004(72)DRJ768; 2004(93)ECC175; 2004(175)ELT61(Del)
passed by the Customs and Central Excise Settlement Commission (for short the `Commission') under section 127C(7) of the Customs Act, 1962, (for short the 'Act').3. The petitioner, a company incorporated under the Companies Act, 1956 is engaged in the
Tag this Judgment! AI Brief & AskAdani Exports Ltd. and anr. Vs. Maharashtra State Electricity Board an ...
Mumbai
Jan-27-2003
Commercial
Customs Act, 1962 - Sections 28, 104, 104(1), 108(3), 111, 112, 122, 124, 127B(1), 127C(1), 127D, 127H, 132, 133, 134, 135 and 137; Constitution of India - Articles 20(2), 20(3), 22(1) and 226; Sea Customs Act, 1878 - Sections 167, 167(8) and 171A; Foreign Exchange Regulation Act, 1947 - Sections 23, 23(1A), 23B, 35, 35(1), 35(2) and 35(3); Code of Criminal Procedure (CrPC) - Sections 167(1), 167(2), 173, 173(2), 190(1) and 273; Indian Penal Code (IPC) - Sections 40, 120B and 211; Defence of India Rules - Rule 131B; Evidence Act - Sections 25; Gold (Control) Act - Sections 63(3); Code of Civil Procedure (CPC) - Sections 132; Contempt of Courts Act
2003(5)BomCR743; 2003(4)MhLj391
Hussain v. State of Bombay (supra) the matter arose underthe Sea Customs Act, 1878, which is similar to Customs Act 1962. The questionbefore the Supreme Court was whether by reason of the proceedings taken by theSea Customs authorities the … settlement of their case. The Settlement Commissionallowed the applications to be proceeded with under Sub-section (1) of the Section 127C of the Customs Act, vide interim order dated 27th July 2001. Theapplication by the 1st petitioner was pending
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The Commissioner of Customs Vs. A. Mahesh Raj
Karnataka
Jan-06-2006
Customs
Customs Act, 1962 - Sections 3, 112, 123, 124, 127B, 127C and 127H; Narcotic Drugs and Psychotropic Substances Act, 1985; Constitution of India - Articles 226 and 227
2006(195)ELT261(Kar)
Writ Petition by the Commissioner of Customs, Bangalore, a statutory functionary in terms of Section 3 of the Customs Act, 1962 [for short, the Act], as one class of officer of the Customs Department, questioning the legality of the … the provisions of Section 127B of the Act, praying for the case to be settled in terms of Section 127C of the Act.5. The Settlement Commission had called for a report from the Commissioner of Customs and took
Tag this Judgment! AI Brief & AskCommr. of Cus. (Air), Chennai Vs. Cus. and C. Ex. Settlement Commissio ...
Chennai
Oct-18-2001
Customs
Customs Act, 1962 - Sections 127A, 127B and 127C
2003(85)ECC215; 2002(139)ELT512(Mad)
dated 15-2-2001 of the first respondent. By the said order, the application filed under Section 127B of the Customs Act, 1962 (hereinafter referred to as 'the Act') by Respondents 2 to 4 was entertained by the first respondent and … to 4 was entertained by the first respondent and the proceedings were allowed to be proceeded with under Section 127C(1) of the Act. The writ petition has been filed on the ground that the Customs and Central Excise
Tag this Judgment! AI Brief & AskOptigrab International Vs. Government of India
Chennai
Mar-23-2010
Excise
Customs Act, 1962 - Sections 4, 4(2), 5(2), 25A, 28(A)(2), 28AB, 74, 75, 75A(2), 124, 127(1), 127A, 127B, 127B(1) and 127C(1); ;Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 110 and 123; ;Customs Tariff Act, 1975; ;Finance Act, 2007 - Sections 91 and 127(1); ;Income Tax Act; ;Code of Criminal Procedure (CrPC) - Section 219; ;Central Excise Rules, 2002 - Rule 19(2); ;Customs and Central Excise Duty Drawback Rules, 1995 - Rule 16; ;Constitution of India - Article 21
2010(253)ELT722(Mad)
contention of the learned Counsel for the appellant/petitioner is that the word 'case' under Section 127(A)(b) of the Customs Act 1962, does not relate to a particular territorial jurisdiction but it only speaks of a pecuniary jurisdiction and that … with an opportunity of oral hearing when the Settlement commission issued notices dated 28-10-2008 to it as per Section 127C(1) of the Customs Act 1962 in respect of the settlement application but the Settlement Commission while passing orders,
Tag this Judgment! AI Brief & AskV.C. Mohan Vs. the Commissioner of Customs (Air),
Chennai
Oct-23-2007
Customs
Customs Act, 1962 - Sections 2(39), 46(4), 110, 110(2), 111, 112, 113, 123, 124, 125, 125(2), 127A, 127B, 127B(1), 127C, 127D, 127E, 127F, 127H and 127I; Customs Tariff Act, 1975; Narcotic Drugs and Psychotropic Substances Act, 1985; Income Tax Act - Sections 245AB, 245C and 245D; Customs (Settlement of Cases) Rules, 1999 - Rule 3
2008(125)ECC132; 2008(151)LC132(Madras); 2008(222)ELT344(Mad); (2008)3MLJ473
of settlement commission dated 15.2.2001 on an application filed by the appellant herein under Section 127B of the Customs Act, 1962 for settlement of case. 2. The brief facts of the case are as follows:The appellant herein filed bill … of the case. The Settlement Commission called for a report from the Commission of Customs as required under Section 127C. The Commissioner (AIR) furnished his report dated 17.1.2001 in which it was stated that prima facie, the case
Tag this Judgment! AI Brief & AskSanghvi Reconditioners Pvt. Ltd. Vs. Union of India (Uoi) and ors.
Supreme Court of India
Feb-05-2010
Customs
Customs Act, 1962 - Sections 25(1), 28AB, 47, 54, 69, 127B, 127C, 127C(1), 127C(3), 127C(7), 127E, 127F, 127I, 127J, 127H and 127MA; Finance Act, 1996; Finance Act, 1998; Income Tax Act, 1961; Customs Tariff Act, 1975 - Sections 3; Customs (Compounding of Offences) Rules, 2005 - Rule 6; Constitution of India - Article 226
2010(251)ELT3(SC); JT2010(2)SC61; 2010(2)SCALE119; (2010)2SCC733; AIR2010SC1089
confirmed the demand of customs duty of Rs. 68,78,106/-, besides penalty and interest under Section 28AB of the Customs Act, 1962 (for short 'the Act'). 3. Aggrieved, the appellant preferred an appeal to the erstwhile Customs, Excise and Gold … receiving the application, the Settlement Commission called for the statutory report from the Jurisdictional Commissioner in terms of Section 127C of the Act. In his report, it was submitted by the Commissioner that out of 18 consignments, in
Tag this Judgment! AI Brief & AskSuren International Ltd. Vs. Commissioner of Customs and ors.
Delhi
Oct-17-2006
Customs
Customs Act, 1962 - Sections 127C and 130
136(2007)DLT494
Vipin Sanghi, J.1. This is an appeal under Section 130 of the Customs Act, 1962 (for short `the Act') directed against the final order bearing No. 818-829/05-Cus., dated 9-13th May, 2005 passed by … the case and complexity of investigation involved therein did not proceed with the applications filed before it under Section 127C of the Act and rejected the applications filed by the appellant and others involved in the illegal imports.7.
Tag this Judgment! AI Brief & AskB.K. Industrial Corpn. Vs. Union of India (Uoi)
Mumbai
Mar-19-2004
Customs
Customs Act, 1962 - Sections 28, 85 to 88, 90 and 127F
2004(4)BomCR865; 2005(101)ECC365; 2004(169)ELT13(Bom)
Indian Navy and, hence not eligible for exemption from payment of customs duty under Section 90 of the Customs Act, 1962. By the said order, the Settlement Commission has called upon the petitioners to pay the duty with interest … and therefore, the Settlement Commission could not have ordered for payment of interest. It was submitted that Section 127C(7) of the Customs Act provides that the Settlement Commission shall pass an order in accordance with the provisions
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