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Wall Street Finance Ltd. a Company Incorporated Under the Companies Ac ...

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 113, 114, 115, 118, 121, 122, 129A, 129A(1), 129A(2), 129D(1), 129DA(1) and 129DD(1); Foreign Exchange Regulations Act, 1973 - Sections 7

Reported in : 2007(2)BomCR511; 2006(202)ELT776(Bom); 2006(5)MhLj417; 2008[9]STR419

order in original dated 23.6.1998 served upon the petitioner records that the appeal lies against the said order.12. Section 129A of the Customs Act provides for an appeal to the appellate tribunal at the instance of any person … M/s.TTC.(a) should not be confiscated under the provisions of Section 121 as also under Section 113(d) of the Customs Act, 1962.(b) the country craft `Ya Hajipir' having registration No. MNV-1048/mandvi seized on 29.5.97 which was used for smuggling of

The Commissioner of Customs (imports) Vs. Pride Foramer

Court : Mumbai

Subject : Customs

Acts : Customs, Act, 1962 - Sections 27(2), 28, 28(2), 28AB, 35H, 111, 112, 114A, 129A, 129B and 130; Income Tax Act, 1961 - Sections 254, 254(1), 254(2) and 256; Customs, Excise and Service Tax Appellate Tribunal (Procedure) Rules, 1982 - Rule 41; Constitution of India - Article 226

Reported in : 2006(4)BomCR737; 2006(204)ELT381(Bom); 2006[4]STR401

cause as to why(a) the Rig, 'Pride Pennsylvania' value at Rs.1,96,69,50,295/-be not confiscated under Section 111(m) of the Customs, Act, 1962;(b) the differential duty of customs amounting to Rs.52,13,50,125/-be not recovered under proviso to Section 28 of the Customs … the Appellate Tribunal is an order under Section 129B. Such order is passed in the appeal preferred under Section 129A. The application made by M/s.Pride Foramer for enforcement of the Tribunal's order is surely not an appeal under

Shri Abdul Sathar Vs. Union of India (Uoi), Through the Secretary, Law ...

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 108, 112, 122, 128, 129A and 129DD; Finance Act, 1984

Reported in : 2003(2)ALLMR90; 2003(4)BomCR428; 2003(90)ECC85; 2003(156)ELT832(Bom); 2003(3)MhLj142

seized goods and inter alialevied penalty of Rs. 5,00,000/= on the Petitionerunder Section 112 and 112(b) of the Customs Act,1962 (Act for short). Challenging the said order,the Petitioner filed an appeal before the Customs,Excise & Gold Appellate Tribunal, … to the Petitioner because against the orderof the Commissioner, the Appellate remedy is to fileappeal before C.E.G.A.T. under Section 129A, becauseno appeal under Section 128 before Commissioner(Appeals) is permissible against an order passed bythe Commissioner. It was submitted

S. Ram Kumar Vs. Union of India (Uoi), Ministry of Finance, Department ...

Court : Chennai

Subject : Customs

Acts : Patents Act, 1970; Customs Act, 1962 - Sections 111, 128, 128A, 128A(4A), 129 and 129A; National Tax Tribunal Act, 2005 - Sections 15; Motor Vehicles Act; Uttar Pradesh Trade Tax Act - Sections 9; Tamil Nadu General Sales Tax Act; Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 - Rules 3, 3(2), 4, 6, 7, 8, 9, 10, 11 and 11(1); Constitution of India - Article 226, 226(2) and 227

Reported in : (2009)6MLJ990

the Commissioner of Customs, Mumbai, in W.P. No. 10264 of 2009 is concerned, statutory appeal is provided under Section 129A of the Customs Act, 1962, before the Customs, Excise and Service Tax Appellate Tribunal, Mumbai, and three months … New Delhi, in respect of two cases and the remedy of statutory appeal under Section 128 of the Customs Act, 1962, is available before the Commissioner of Customs (Appeals) and sixty days time is granted to file such appeals.(ii)

Commissioner of Customs (P) Vs. Jayantilal Ambalal Chokshi (P) Ltd. an ...

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 108, 112, 121, 129A, 130, 130(1) and 130(3)

Reported in : 2003(5)BomCR54; 2004(163)ELT13(Bom)

J.P. Devadhar, J.1. The Commissioner of Customs (P), Mumbai has filed this application under Section 130(3) of the Customs Act, 1962 against the order of CEGAT, Bombay dismissing the Reference Application filed by the Commissioner under Section 130(1) of … an appeal from a person who is not aggrieved person in the eyes of law in terms of Section 129A and grant a prayer / relief on an appeal of the order which does not cause a grievance

S.R. Sale and Co. Vs. Commissioner of Customs (General)

Court : Mumbai

Subject : Education

1962 inasmuch as the same takes away the substantive right of Appeal to the CESTAT as provided under Section 129A of the Customs Act, 1962; (c) Whether Regulation 21 of the CHALR, 2004 is ultra vires the provisions … under Regulation 21; (b) Whether Regulation 22(8) of the CHALR, 2004 is ultra vires the provisions of the Customs Act, 1962 inasmuch as the same takes away the substantive right of Appeal to the CESTAT as provided under Section

Collector of Customs Vs. Mirah Exports (P) Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Customs

Reported in : (1987)(29)ELT401TriDel

operation of" the order in original in a proceeding, initiated by an application under Section 129D(4) of the Customs Act, 1962, (hereinafter, the Act), to be heard as if it were an appeal against the order of the adjudicating … the adjudicating authority and the provisions of this Act regarding appeals, including the provisions of Sub-section (4) of Section 129A shall, so far as may be, apply to such application." (a) the provision envisages decisions made or orders

Gujarat Ambuja Exports Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Gujarat

Subject : Civil

Acts : Constitution of India - Article 226; ;Customs Act, 1962 - Sections 129A and 129A(1); ;Customs and Central Excise Duties Drawback Rules, 1971 - Rule 11; ;Customs and Central Excise Duties Drawback (Amendment) Rules, 1995 - Rule 12

Reported in : 2005(102)ECC42

that the matter did not fall under the first proviso to Sub-section (1) of Section 129A of the Customs Act, 1962 (the Act) hence, the application was not maintainable before the Government of India.2.5 In the circumstances, the petitioner

Wwi Cranes Limited Vs. Krishna Murthy

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 129A(5); Constitution of India - Article 226

Reported in : 2002LC642(Bombay); 2002(143)ELT500(Bom)

a component of the system and was liable for penal action and confiscation under Section 111 of the Customs Act, 1962. The Petitioner filed its reply on 13th June, 1985. However, the said reply was not accepted and by … a delay in preferring the appeal to CEGAT, it was undoubtedly a case wherein the provision under Section 129A(5) of the Customs Act, 1962 should have been applied. Mr. Shroff further submitted that the Petitioner does have

UPS Jetair Express Private Limited Vs. The Chief Commissioner of Custo ...

Court : Chennai

Subject : Land Acquisition

pointed out that the impugned order passed by the first respondent is an appealable order, in terms of Section 129A of the Customs Act, 1962, and the appeal shall lie to the Appellate Tribunal, namely, CESTAT. The petitioner … were smuggled into India through a false declaration and in violation of Foreign Trade Policy, 2009-14 and the Customs Act, 1962. Thereafter, the DRI issued summons to various employees and personnel in charge of clearance in the Petitioner's Company