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Chemitex, Goa and Another Vs. Union of India and Others
Mumbai
Jan-18-1982
Customs
Customs Act 1962 - Sections 105, 110, 110(2), 110(3), 124 and 129; Central Excise Rules, 1944 - Rule 156; Central Excise Act, 1944 - Sections 12, 18, 35 and 35B
1983(14)ELT2130(Bom)
In this petition under Article 226 of the Constitution, petitioners seek a declaration that Section 110(3) of the Customs Act, 1962 is unconstitutional, illegal, null and void, and by way of writs of certiorari and mandamus, or by writs … 1. In this petition under Article 226 of the Constitution, petitioners seek a declaration that Section 110(3) of the Customs Act, 1962 is unconstitutional, illegal,
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 … levied under the Customs Act are specified in the 1st and 2nd Schedules of the Tariff Act (See Section 2 of the Tariff Act). Section 3 of the Tariff Act charges additional duty on articles imported into India.
Tag this Judgment! AI Brief & AskPride Foramer Vs. Union of India (Uoi) and ors.
Mumbai
Apr-24-2001
Customs
Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 - Sections 6, 6(6), 7 and 7(7); Customs Act, 1962 - Sections 2(21), 12, 14, 15, 53, 54, 57, 86(2) and 87; Constitution of India - Articles 1(3), 51 and 297; ;General Clauses Act, 1897 - Sections 3(28)
AIR2001Bom332; 2002(1)ALLMR151; 2002(4)BomCR751; 2002(148)ELT19(Bom); 2001(3)MhLj819
Delhi had published the Gazette of India extraordinary dated 1st December, 1997 notifying that the extensions of the Customs Act, 1962 and the Customs Tariff Act, 1975 to the designated areas in the Continental Shelf and Exclusive Economic Zone … outside the territorial waters of India whilst operating in designated area is a foreign going, vessel pursuant to Section 2(21)(ii) of the Customs Act.(C) The goods sent to the Oil Rig are stores and are liable to be
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Collector of Customs and Central Excise, West Bengal and ors. Vs. Hind ...
Kolkata
Mar-14-1975
Customs
Customs Act, 1962 - Sections 11, 40, 47, 110(2) and 124; ;Evidence Act, 1872 - Section 115; ;Limitation Act, 1963 - Section 3; ;Foreign Exchange Regulation Act - Section 19; ;Imports and Exports (Control) Act, 1947 - Section 3
AIR1975Cal368,79CWN648,1979(4)ELT313(Cal)
1969 the Customs Authorities effected a seizure of 9 drums of primary nickel under Section 110 of the Customs Act, 1962.5. Between October 15, 1969 and November 29, 1969 on diverse dates the Enforcement Directorate served notice under Section … arise out of the judgment and order of Sabyasachi Mukharji, J., D/- 13-7-1972 on an application under Article 226 of the Constitulion. The petitioners before the trial court were Messrs. Hindustan Motors Ltd. and Rajendra Prosad Jhunjhunwala,
Tag this Judgment! AI Brief & AskApar Private Ltd. and Others Vs. Union of India and Others Overruled
Mumbai
Oct-17-1985
Customs
Customs Act, 1962 - Sections 2, 2(23), 2(25), 2(27), 2(28), 5, 11, 12, 12(1), 13, 14, 14(1), 14(2), 15, 15(1), 17, 20, 21, 22, 23, 25, 25(1), 25(2), 29, 30, 31, 32, 33, 34, 37, 38, 42, 45, 46, 46(1), 48, 49, 52, 53, 54, 55, 56, 66(1), 68, 69, 77, 79, 80, 110(1), 111 and 150; Central Excise Rules, 1944 - Rule 10; Customs Tariff Act, 1975
1986(1)BomCR196; (1986)88BOMLR355; 1985(6)ECC241; 1988(19)LC514(Bombay); 1985(22)ELT644(Bom)
Madhava Reddy, C.J.1. Four questions arising under the Customs Act, 1962 (52 of 1962) are referred to the Full Bench and they are :-1. Under the Customs Act, 1962, … specified description from the whole or any part of duty of customs leviable thereon'. It is only under sub-section (2) of Section 25 that while the goods may be dutiable and may not be exempted under sub-section (1)
Tag this Judgment! AI Brief & AskM.A. Rangaswami and ors. Vs. AmIn Chand Payarelal Firm, Bombay
Mumbai
Mar-09-1978
Customs
Customs Act, 1962 - Sections 2, 2(25), 2(33), 11, 11(1), 111, 112 and 125; Imports (Control) Order, 1955; Imports and Exports (Control) Act, 1947 - Sections 3, 3(1), 3(2), 3(3), 4A and 5; Indian Partnership Act; Sea Customs Act, 1878 - Sections 19, 167 and 167(8); Imports and Exports (Control) Amendment Ordinance, 1975; Imports and Exports (Control) (Amendment) Act, 1976
AIR1979Bom130; (1978)80BOMLR250
calling upon the petitioners to explain why these goods should not be confiscated under section 111 of the Customs Act, 1962, read with section 3 (2) of the Imports and Exports (Control) Act, 1947, (as amended), and why action
Tag this Judgment! AI Brief & AskHyderabad Industries Ltd. and anr. Vs. Union of India and ors.
Supreme Court of India
May-11-1999
Customs
Customs Tariff Act, 1975 - Sections 2, 3(1) and 9A; Customs Act, 1962 - Sections 12 and 14; Excise Act; Indian Tariff Act, 1934 - Sections 2A; Supreme Court Rules, 1966 - Order 7, Rule 2
AIR1999SC1847; 1999(108)ELT321(SC); JT1999(4)SC95; 1999(3)SCALE564B; (1999)5SCC15; 1999(Supp)SCC15; [1999]3SCR471
had not undergone any process of manufacture and was not liable to excise duty.10. Chapter V of the Customs Act, 1962 deals with levy of and exemption from customs duty. Section 12 which is contained in this Chapter reads … determined under Sub-section (1) of the said Section 14 or the tariff value of such article fixed under Sub-section (2) of that section, as the case may be; and(ii) any duty of customs chargeable on that article under
Tag this Judgment! AI Brief & AskRajmal Lakhichand and Ishwarlal Shankarlal Lalwani Vs. the Commissione ...
Mumbai
Apr-20-2010
Customs
Constitution of India - Article 14; ;Customs Act, 1962 - Section 111, 111(3), 112, 118, 119, 120, 120(1), 120(2), 129D, 130(3) and 133(3)
2010(112)BomLR1776,2010(175)LC159(Bombay)
short) pursuant to the order dated 17th March, 1999 passed by this Court under Section 133(3) of the Customs Act, 1962. Statement of Case:2. The factual context giving rise to the present reference, in brief, is as under:On the
Tag this Judgment! AI Brief & AskUlhas Oil and Chemical Indus. P. Ltd. Vs. H.M. Singh
Mumbai
Apr-13-1988
Customs
Customs Act, 1962 - Sections 2, 2(19), 2(25), 2(27), 12, 15, 16, 16(1), 25(1), 47 and 50
1988(3)BomCR41; 1988(18)ECC316; 1988(36)ELT462(Bom)
Seed extract was exigible to export duty. On 20.4.1977 a notification was issued under Sec. 25(1) of the Customs Act, 1962 as a result of which Rape Seed extract was wholly exempted from the payment of any export duty.4. … into India from a place outside India' etc. Sec. 12 of the Customs Act, 1962 is the charging section. It sates as follows :-12. (I) Except as otherwise provided in this Act, or any other law for … considered as animal food.2. The petitioners desired to export two consignments of 250 tonnes each of Rape Seeds Extractions by vessel m.v. 'Slobozia' from Bhavnagar.
Tag this Judgment! AI Brief & AskJ.K. Synthetics Limited and anr. Vs. Union of India (Uoi) and ors.
Delhi
Nov-13-2006
Customs
Customs Act, 1962 - Sections 2(23), 8, 12, 12(2), 14, 14(1), 15, 25, 25(1) and 47; Customs Tariff Act, 1975 - Sections 3, 3(1) and 9A; Tariff Act, 1934 - Sections 2A; Central Excises Act, 1944; Wealth Tax Act, 1957 - Sections 2; Finance Act 1982; Central Excise Laws (Amendment and Validation) Ordinance 1982; Central Excises and Salt Act, 1944; Central Excise Rules - Rule 8(1)
138(2007)DLT660; 2006(204)ELT369(Del)
of the goods but also the insurance and freight charges.' After analysing the provisions of Sub-section (23) of Section 2 of the Act which defines the 'import' and Section 14 of the Customs Act, 1962 it was conclusively … No. 102 Cus dated 1.7.1977 the Central Government, in exercise of its powers under Section 25 of the Customs Act, 1962 ('Act'), exempted DMT when imported into India from customs duty in excess of 100% ad valorem. In effect,
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