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J.K. Industries Ltd. Vs. Union of India (Uoi)
Rajasthan
Apr-21-2005
Customs
Companies Act, 1956; Customs Tariff Act, 1975 - Sections 3, 8C, 9 and 9A to 9C; Customs Tariff (Amendment) Act, 1982; Customs Act, 1962 - Sections 12, 15, 46, 58, 68, 72 and 129; Indian Tariff Act, 1934; Finance Act, 2003 - Sections 8B, 8C, 8(8) and 15(1); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002; Finance Act, 2000 - Sections 9AA; Income Tax Act, 1922 - Sections 34; Income Tax Act, 1961 - Sections 148; Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 - Rules 2, 3, 4, 5 to 17, 18, 19 and 20; Constitution of India - Articles 12, 14, 136, 226, 227, 229 and 265
2005(103)ECC152; 2005(186)ELT3(Raj)
duties in terms of Entry 81 of the List I of schedule VII of the Constitution is the Customs Act, 1962. Section 12 of Customs Act provides that the duties of custom shall be levied at the rate prescribed under … and effective by providing machinery of assessment and collection, the charging Section 12 has to be read with Section 15. Section 12 declares that the rate of duty shall be as provided under the Customs Tariff Act, 1975
Tag this Judgment! AI Brief & AskA. Kumar Vs. Union of India
Delhi
Aug-26-1982
Customs
Customs Tariff Act, 1975; Provisional Collection of Taxes Act, 1931; Customs Tariff (Amendment) Act, 1982; Income-Tax Act - Sections 132A; Contempt of Courts Act - Sections 11 and 12; Customs Act, 1962 - Sections 15 and 59; Constitution of India - Articles 19(1), 226, 265 and 300A;
ILR1982Delhi1008
the presumption that the goods have been imported by the petitioner. 12. According to Section 15 of the Customs Act, 1962, which faces no challenge in this petition, the rate of duty is livable at the rate in force
Tag this Judgment! AI Brief & AskSipta Coated Steel Ltd. Vs. Union of India
Mumbai
Jul-23-1992
Customs
Customs Act, 1962 - Sections 2(34), 4, 5, 5(1), 15, 59, 59(1), 59A, 61, 61(1), 65, 67 and 157
1993(1)BomCR201; 1992(62)ELT485(Bom)
The petitioners had imported certain goods which arrived at the Port of Bombay. Under Section 15 of the Customs Act, 1962 the petitioners can present a Bill of Entry for Warehousing. Under Section 59(1) of the Customs Act, 1962
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
JaIn Shudh Vanaspati Limited Vs. Union of India and anr.
Delhi
May-11-1983
Customs
Customs Act, 1962 - Sections 15
1983(14)ELT1688(Del); ILR1983Delhi327
of India.(23) It will be seen that there is no definition of territorial waters of India in the Customs Act 1962. However,under the Territorial Waters Continental Shelf Act No. 80of 1976 Section 2 defines the limit in relation to … The Act specifically fixes a date for determination of rate of duty.. .. .. of imported goods, in Section 15 of the Act which reads as under:DATE for determination of rate of duty and tariff valuation of imported
Tag this Judgment! AI Brief & AskBarium Chemicals Ltd. Vs. Union of IndiA.
Mumbai
Sep-25-1992
Customs
Customs Act, 1962 - Sections 15, 15(1), 25, 25(1), 46 and 159; Central Excise Act, 1944 - Sections 4; Customs Tariff Act, 1975
1993(63)ELT209(Bom)
to the Petition), issued in exercise of the powers conferred by sub-section (1) of Section 25 of the Customs Act, 1962, the Central Government, on being satisfied that it was necessary in the public interest so to do, exempted … 1962 was presented on December 30, 1982. There is no controversy before us that for the purpose of Section 15(1)(a) of the Customs Act, 1962 the relevant date for the purpose of rate of duty and Tariff valuation
Tag this Judgment! AI Brief & AskIndian Rayon Corporation and Etc. Vs. Collector of Customs
Kolkata
Sep-09-1986
Customs
Customs Act, 1962 - Sections 2(25), 2(27), 12, 15, 25 and 25(1); ;General Clauses Act - Section 21; ;Constitution of India - Article 245; ;Evidence Act, 1872 - Section 115
AIR1988Cal228,1987(13)ECC83,1987(27)ELT626(Cal)
fibre from time to time.3. The Central Government in exercise of its power under Section 25(1) of the Customs Act, 1962 issued notifications exempting Viscose staple fibre from the whole of customs duty and whole of additional duty up … 31, 1979, but the bills of entry could not be presented before January, 1980 within the meaning of Section 15 of the Customs Act, 1962.7. In the meantime, on or about December 30, 1979, a fresh notification purported
Tag this Judgment! AI Brief & AskSimplex Castings Limited Vs. Union of India and anr.
Andhra Pradesh
Aug-21-1998
Customs
Customs Act, 1982 - Sections 15, 15(1), 17, 18, 46 and 68; Customs Act, 1962 - Sections 15
1998(5)ALD544; 1998(5)ALT453; 1999(63)ECC26; 1998(104)ELT318(AP)
issues involved in these writ petitions, it is necessary to extract the provisions of Section 15 of the Customs Act, 1962.Section -15: Date for determination of rate of duty and tariff valuation of imported goods:(i) The rate of duty
Tag this Judgment! AI Brief & AskBharat Surfactants (Private) Ltd. and anr. Vs. Union of India (Uoi) an ...
Supreme Court of India
May-17-1989
Constitution
Customs Act, 1962 - Sections 15, 15(1), 16 and 46; Constitution of India - Article 14
AIR1989SC2054; 1990(3)Crimes726(SC); 1989(43)ELT189(SC); 1989(2)SCALE190; (1989)4SCC21; [1989]3SCR367; 1989(2)LC362(SC)
by it as an importer. The petitioners have also challenged ; the validity of Section 15 of the Customs Act, 1962 under which the rate of duty and tariff valuation is determined.4. To resolve the issue between the parties
Tag this Judgment! AI Brief & AskAluminium Industries Ltd. Vs. Union of India (Uoi)
Kerala
Oct-16-1984
Customs
Customs Tariff Act, 1975 - Sections 2 and 3; Finance Act, 1981 - Sections 47; Customs Act, 1962 - Sections 2(11), 2(12), 2(23), 2(27), 2(28), 7, 8, 12, 14, 15, 15(1), 16, 17, 25, 25(1), 29, 30, 31, 32, 33, 34, 45, 46, 47, 48, 68, 106, 110, 111, 113 and 115; Finance Act, 1980 - Sections 4(4) and 47; Customs Act, 1886; Customs Tariff Act, 1894; Sea Customs Act, 1878 - Sections 37, 57 and 86; Customs Rules; Customs Regulations
1985(4)ECC1; 1985LC554(Kerala); 1999(110)ELT474(Ker)
to 40 percent plus 10 per cent SED.3. Duties of customs are levied under Section 12 of the Customs Act, 1962 (the 'Act') at the rates specified under the Customs Tariff Act, 1975 (the 'Tariff Act') or any other … or exported from India. The date for determination of rate of duty is that which is specified under Section 15 of the Act. Section 25 of the Act has conferred power on the Central Government to exempt specified
Tag this Judgment! AI Brief & AskNorthern Corporation Vs. Union of India and Others
Supreme Court of India
Aug-06-1990
Customs
Customs Act, 1962 - Sections 15, 16, 46, 49, 50, 51, 59, 68 and 102; Constitution of India - Articles 32, 132 to 136 and 226; Income-tax Act, 1961 - Sections 132(1)
AIR1991SC764; 1990(49)ELT332(SC); JT1990(3)SC699; 1990(2)SCALE279; (1990)4SCC239; [1990]3SCR621; 1990(2)LC517(SC)
of the petitioner filed bills of entry on 30th July, 1984 for warehousing under Section 59 of the Customs Act, 1962 (hereinafter referred to as 'the Act'), and the same was allowed. The goods were bounded on 7th August, … the duty is the duty at the time of clearance of the goods. Our attention was drawn to Section 15(1)(b) of the Act which postulates that the rate of duty and tariff valuation, if any, applicable to any
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