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P.C. JaIn Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Customs

Acts : Customs Act, 1962 - Sections 129(1) to 129(5), 129(6), 146A and 146A(2); Finance Act, 2007 - Sections 110; Advocates Act, 1961 - Sections 30; Indian Bar Councils Act, 1926 - Sections 9(4), 14 and 14(1); Central Excise Act, 1944 - Sections 2, 12, 35D, 35Q, 35Q(2) and 50; Finance Act, 1994 - Sections 65(5) and 83; Gold (Control) Act, 2003 - Sections 135; Customs and Excise Revenue Appellate Tribunal Act, 1986 - Sections 11; Administrative Tribunal Act, 1985 - Sections 11; Haryana Ceiling of Land Holdings Act, 1972 - Sections 20A; Karnataka Land Reforms Act, 1961 - Sections 48(8); Maharastra Restoration of Lands to Schedule Tribes Act, 1974 - Sections 3(1), 4 and 9A; Ancient Monuments and Archaeological Sites and Remains Act, 1958; Constitution of India - Articles 14, 19(1), 19(6), 21,

Reported in : 159(2009)DLT326

has sought to debar all such like persons, by insertion of Sub-section (6) to Section 129 of the Customs Act, 1962 (hereinafter referred to as the 'Custom Act'). The said provision was introduced by Section 110 of the Finance … his right to livelihood. 9 To buttress their submissions, the petitioners have also referred to the provisions of Section 146A(2)(c) of the Customs Act and identical provision, that is, contained in Section 35Q(2)(c) of Central Excise Act, 1944

Dilip Kumar Vs. Union of India, Ministry of Finance and Another

Court : Karnataka

Subject : Service Tax

endorsement dtd 29.08.2006 produced as Annx-B, declare that Rule 9 of Customs (Appeals) Rules, 1982 is ultra vires Customs Act, 1962 and Rule 12 of Central Excise (Appeals) Rules, 2001 is ultra vires the Central Excise Act, 1944 and … the Central Excise (Appeals) Rules, which reads thus: Rule 9. Qualifications for authorized representatives.— For the purposes of section 146A, an authorised representative shall include a person who has acquired any of the following qualifications, being the qualifications

KevIn Intotech Pvt. Ltd. Vs. Commissioner of Customs (Port)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Subject : Land Acquisition

Reported in : (2006)(194)ELT424Tri(Kol.)kata

case on his behalf. In this connection, he draws attention of the Bench to Section 146A of eth Customs Act, 1962, relevant portion of which is reproduced below: - (1) Any person who is entitled or required to appear

Dilip Kumar Vs. Union of India

Court : Karnataka

Subject : Service Tax

THE IMPUGNED ENDORSEMENT DTD2908.2006 PRODUCED AS ANNX- B. DECLARE THAT RULE9OF CUSTOMS (APPEALS) RULES, 1982 IS ULTRA VIRES CUSTOMS ACT, 1962 AND RULE12OF CENTRAL EXCISE (APPEALS) RULES, 2001 IS ULTRA VIRES THE CENTRAL EXCISE ACT, 1944 & ETC., THIS … the Central Excise (Appeals) Rules, which reads thus: Rule 9. Qualifications for authorized representatives.- For the purposes of section 146A, an authorised representative shall include a person who has acquired any of the following qualifications, being the qualifications

Deen Dayal Didwania Vs. Commissioner of Central Excise and Customs

Court : Supreme Court of India

Subject : Customs

Reported in : 2003(155)ELT17(SC); (2003)10SCC211

the appellants. In our view, the said ground is wholly unjustified in view of Section 146A of the Customs Act, 1962. Therefore, these appeals are allowed and the impugned judgment and order passed by the Tribunal is set aside.

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

Subject : Direct Taxation

power of adjudicating appeals arising from orders passed by Appellate Tribunals (constituted under the Income Tax Act, the Customs Act, 1962, and the Central Excise Act, 1944). Hitherto before, the instant jurisdiction was vested with High Courts. The pointed … had been assessed, an executive-appellate remedy was provided for, before the Appellate Assistant Commissioner of Income Tax (under Section 30 of the 1922 Act). A further quasi-judicial appellate remedy, from decisions rendered by the first appellate authority,

M/s. Santosh Handloom Vs. The Commissioner of Customs (Import) and Oth ...

Court : Delhi

Subject : Land Acquisition

failure on the part of the respondents to comply with the statutory provisions of Section 110(2) of the Customs Act, 1962 (in short the Act). 1.1 The petitioner claims that the respondents have detained the imported goods beyond the … eyes of law. 8.4 For this purpose, learned counsel for respondent no.1 and 2, relied upon provisions of Section 146A and 147 of the Act. The submission of the learned counsel, in fact, was that, the legal requirement