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Union of India (Uoi) Vs. Cestat

Court : Kolkata

Subject : Customs

Acts : Customs Act, 1962 - Sections 125, 130, 130A, 130C, 130D and 143; ;Indian Income Tax Act, 1922 - Section 66; ; Income Tax Act, 1961 - Section 256; ;Constitution of India - Articles 226 and 227; ;Central Excise Act, 1944 - Section 35G

Reported in : 2005(183)ELT250(Cal)

rejected by the appellate Tribunal.3. Counsel for Union of India argues that in view of provisions of the Customs Act, 1962, Section 130D, the appellate Tribunal should have stayed the operation of its order dated November 16th, 1999, till the reference

Kausalya Impex Vs. Chief Commissioner of Customs, Chennai

Court : Chennai

Subject : Customs

Acts : Customs (Provisional Duty Assessment) Regulations, 1963; Customs Act, 1962 - Sections 18 and 130D; Constitution of India - Article 226

Reported in : 2002(140)ELT66(Mad)

for. Consequently W.M.P. No. 1769 of 2001 is closed. Customs - undervaluation - Sections 18 and 130D of Customs Act, 1962, Article 226 of Constitution of India and Customs (Provisional Duty Assessment) Regulations, 1963 - goods imported by petitioner … is accordingly allowed as prayed for. Consequently W.M.P. No. 1769 of 2001 is closed. Customs - undervaluation - Sections 18 and 130D of Customs Act, 1962, Article 226 of Constitution of India and Customs (Provisional Duty Assessment)

The Commissioner of Customs Vs. Standard Industries Ltd.

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 28(1), 52(2), 111, 125, 129D(5), 130A, 130D, 130E and 131C; Central Excise Act - Sections 25F; Income Tax Act - Sections 256(2); Constitution of India - Articles 132, 226, 226(1) and 226(2); Constitution (Fifteenth Amendment) Act, 1963; Constitution (Forty-second Amendment) Act, 1976; Evacuee Interest (Separation) Act, 1951

Reported in : 2007(4)BomCR799; (2007)109BOMLR677; 2007(119)ECC403; 2007LC403(Bombay)

V.C. Daga, J.1. This application is under Section 130A of the Customs Act, 1962 ('Act' for short) seeking direction against the Tribunal to state the case and raise and refer the question … the impugned order having been passed by the Tribunal at Mumbai, application under Section 130A read with Sections 130D and 131C will lie before this Court. He vehemently tried to canvass contrary view contending that the order

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 … reference to High Court comes back to the Tribunal with answers to the questions for final decision under Section 130D by the Tribunal. In the case of application under Section 1290(4), the Tribunal does not send the matter

Commissioner of Customs (Preventive) Vs. Amit Kumar Saha and anr.

Court : Kolkata

Subject : Customs

Acts : Customs Act, 1962 - Sections 108, 111, 112, 113 and 130A; ;Foreign Exchange Regulation Act, 1973 - Sections 8(1) and 8(2)

Reported in : 2004(2)CHN32,2004(174)ELT158(Cal)

currency seized from Shri Saha.36. Let a copy of our judgment be sent to 'CEGAT' in terms of Section 130D of the Customs Act, 1962, and the learned Tribunal is directed to dispose of the matter in conformity … out of an application filed by the Commissioner of Customs (Preventive), West Bengal, under Section 130A of the Customs Act, 1962, on which a Rule had been issued on 25th June, 2002, directing the Customs, Excise and Gold (Control),

Kewal Kishore Malhotra Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Customs

Reported in : (1991)LC344Tri(Delhi)

Court of law and the same was, therefore, not admissible for the purposes of Section 139 of the Customs Act, 1962 also. The advocate for the applicant also contended that the said letter only indicated that one Kanwal Krishna … Hon'ble High Court may take into consideration the material on record and determine the issues as required under Section 130D of the Customs Act, 1962.A list of documents required for the decision of the reference alongwith copies of

Aditya Mills Ltd. Vs. Union of India (Uoi)

Court : Mumbai

Subject : Customs

Acts : Constitution of India - Article 226; Customs Act, 1962 - Sections 113 and 130D

Reported in : 2002(142)ELT46(Bom)

the order of CEGAT. Writ Petition is rejected accordingly. Customs - confiscation - Sections 113 and 130-D of Customs Act, 1962 - petition against Order of confiscation of goods - petitioner made misdeclaration that yarn manufactured by it was … issued. By an order in adjudication passed on 20th December 1985, the goods came to be confiscated under Section 113(i) of the Customs Act with an option to redeem the goods on payment of redemption fine of

Rajasthan Petrosynthetics Ltd. Vs. Collector of Customs, Bombay

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 112A, 130D and 130E

Reported in : 2002(141)ELT310(SC); (2002)10SCC419

order of the Tribunal for imposing the penalty upon the appellant in terms of Section 112A of the Customs Act on proof of the fact that the appellant had intentionally misdeclared the nature of the goods in the

Vst Industries Ltd. Vs. Joint Secretary to Govt. of India (Rev)

Court : Chennai

Subject : Civil

Acts : Customs Act, 1962 - Sections 129DD and 130D

Reported in : 2002(142)ELT30(Mad)

of the word 'not' then the order dated 5-3-1991 becomes a remand order. Under Section 129DD of the Customs Act, 1962, there cannot be a remand, and there can only be the annulment or modification. Realising this, both the

Steel Authority of India Ltd Vs. Designated Authority, Directorate Gen ...

Court : Supreme Court of India

Subject : Customs

to ascertain the true sweep and purport of the appellate power of this Court under Section 130E(b)of the Customs Act, 1962 (as amended). The language of the above provision of the Act having indicated a very broad and expansive … Court: Provided that nothing in this sub-section shall be deemed to affect the provisions of sub-section (1) of section 130D or section 131. (2) The costs of the appeal shall be in the discretion of the Supreme Court.