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Shah Diagnostic Institute Private Limited, a Company Incorporated Unde ...

Court : Mumbai

Subject : Customs

Acts : General Clauses Act - Sections 6; Customs Act, 1962 - Sections 25, 25(1) and 159A; Customs Tariff Act; Finance Act, 2001; Constitution of India - Articles 14 and 19(1)

Reported in : 2006(3)BomCR54; 2008(222)ELT12(Bom); 2006(3)MhLj395

the parties.Re: Contention (a)13. In exercise of the powers conferred by sub-section (1) of Section 25 of the Customs Act, 1962, the Central Government upon its satisfaction and in the public interest and in supersession of earlier notifications, issued … Clauses Act cannot be made applicable to such notification.32. This argument of the learned counsel over-looks and ignores Section 159A of the Customs Act which was introduced by the Finance Act, 2001. Section 159A reads thus:159A. Effect of

C.V. Karunakaran Vs. the Chairman, Central Board of Excise and Customs ...

Court : Chennai

Subject : Customs

Acts : Customs Act, 1962 - Sections 146(1), 146(2), 158 and 159A; ;Prevention of Corruption Act, 1988; ;Foreign Exchange Regulation Act, 1973; ;Imports and Exports (Control) Act, 1947; ;Arms Act, 1959; ;Opium Act, 1978; ;Drugs and Cosmetics Act, 1940; ;Destructive Insects and Pests Act, 1914; ;Dangerous Drugs Act, 1930; ;Trade and Merchandise Marks Act, 1958; ;Patents Act, 1970; ;Copy Rights Act, 1957; ;Foreign Trade (Development and Regulation) Act, 1992; Central Excise Act, 1944; ;Foreign Exchange Management Act, 2000; ;Indian Explosives Act, 1884; ;Narcotics Drugs and Psychotropic Substances Act; Mines and Minerals (Regulation and Development) Act, 1957; Orissa Mining Areas Development Fund Act, 1952; Motor Vehicles Act, 1939; Motor Vehicles Act, 1988 - Sections 81, 8

Reported in : 2009(171)LC254(Madras); 2010(249)ELT324(Mad)

paragraph 11 above, these regulations to issue Customs House Agents Licence are framed under Section 146(2) of the Customs Act, 1962. Section 159A of the Customs Act, 1962, also deals with the effect of amendment, etc., on rules, regulations, notifications or

Tonira Pharma Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

Matched in: Court Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Bharath Diagnostic Centre Vs. the Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Customs

Reported in : (2006)(106)ECC324

law which has been repealed during the period it was operative prior to the date of such repeal," Section 159A of Customs Act 1962, which is para materia with the provision of Clause 6 of the general clauses … the duty on the impugned medical equipment. The impugned medical equipment was confiscated under Section 111(O) of the Customs Act 1962. A redemption fine of Rs. 30,000/- was imposed. A penalty of Rs. 10,000/- was imposed on the appellant.

The Commissioner of Customs Vs. Hindustan Petroleum Corporation

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Land Acquisition

Reported in : (2006)(108)ECC13

the Supreme Court in the case of Kolhapur Canesugar Works Ltd. v. UOI (viii) Section 159A of the Customs Act saves only proceedings undertaken under any Rule, Regulation, Notification or Order made or issued under the Customs Act, … saves only proceedings undertaken under any Rule, Regulation, Notification or Order made or issued under the Customs Act, 1962.Bengal Lamps v. CCE FO No.6. We have gone through the records of the case carefully. The respondents have

Vinodhagan Memorial Hospital Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : Customs

Reported in : (2007)(117)ECC304

and demand duty of Rs. 89,86,618/-. (ii) The equipment is liable for confiscation under Section 111(o) of the Customs Act, 1962. However these being not available with the Department, no order for confiscation is being passed. (iii) For rendering … Commissioner of Customs, Chennai 2004 (177) E.L.T.766 (Tri.-Chennai), distinguished Apollo Hospitals' case and held that the provisions of Section 159A of the Customs Act had overriding effect on the Hon'ble High Court's ruling. Learned SDR also reiterated the

Commr. of Customs(Imports) vs Vinodhagan Memorial Hospital

Court : Chennai

Shastri Bhawan Annexe, 1st Floor, 26, Haddows Road., Chennai-600 006. … RespondentsPrayer: Appeal under Section 130 (1) of Customs Act, 1962, to set aside the impugned Final Order No.123 of 2007 dated 12.02.2007 (received on 06.03.2007) on the file … may be construed as a continuing obligation, any action for enforcement of such obligation, even if saved under Section 159A of the Customs Act, must necessarily be initiated within the period of limitation prescribed under Section 28 of

M/S.Vinodhagan Memorial Hospit vs the Commissioner of Customs

Court : Chennai

The Commissioner Of Customs, Customs House, Rajaji Salai, Chennai 600 001. … RespondentPrayer: Appeal under Section 130 of Customs Act, 1962, against the final orderNo.123/07, dated 12.02.2007 passed by the Customs, Excise and Service Tax Appellate Tribunal, Chennai in … of law in connection with the limitation and held in favour of the Department in the light of Section 159A, which saves action taken even after the exemption notification withdrawn, modified or reconciled.7. We have given our anxious