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Sep 09 1994

C. L. JaIn Woollen Mills Vs. Union of India

Court : Delhi

Decided on : Sep-09-1994

Subject : Customs

Acts : Customs Act, 1962 - Sections 25, 25(1), 111 and 112

Reported in : 1995(79)ELT197(Del)

confiscation of 5,376 kgs. of polyester filament yarn valued at Rs. 11.5 lakhs under Section 111(d) of the Customs Act, 1962. He, however, permitted the petitioner to redeem the goods on payment of Rs. 7 lakhs. He also imposed … of the Customs Act, and the Notification No. 116/88-Cus., dated 30 March 1988 issued under sub-section (1) of Section 25 of that Act, and further that since the appeal of the petitioner before the Appellate Tribunal was already

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Oct 16 1984

Aluminium Industries Ltd. Vs. Union of India (Uoi)

Court : Kerala

Decided on : Oct-16-1984

Subject : Customs

Acts : 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

Reported in : 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 … 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 goods from the whole or

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Oct 18 1968

Romesh Chandra Mehta Vs. State of West Bengal

Court : Supreme Court of India

Decided on : Oct-18-1968

Subject : CustomsCriminal

Acts : Sea Customs Act, 1878 - Sections 167(81), 171 and 171A; Import and Export Control Act, 1947 - Sections 5; Customs Act, 1962 - Sections 104(1), 105, 108, 132 to 135 and 137; Evidence Act, 1872 - Sections 25; Indian Penal Code (IPC) - Sections 120B, 193 and 228; Constitution of India - Article 20(3); Code of Criminal Procedure (CrPC) - Sections 173

Reported in : AIR1970SC940; 1970CriLJ863; 1985(5)LC2239(SC); 1999(110)ELT324(SC); [1969]2SCR461

of Import and Export Control Act, 1947, Sections 104 (1), 105, 108, 132 to 135 and 137 of Customs Act, 1962, Section 25 of Evidence Act, 1872, Sections 120B, 193 and 228 of Indian Penal Code, Article 20 (3) of Constitution

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Nov 12 1990

Indian Farmers Fertilizer Co-operative Ltd. Vs. Union of India

Court : Gujarat

Decided on : Nov-12-1990

Subject : Customs

Acts : Customs Act, 1962 - Sections 12, 14, 25 and 25(1)

Reported in : 1991(34)ECC64; 1991(54)ELT38(Guj); (1991)1GLR336

1st March, 1974 issued by the Central Government in exercise of its powers under Section 25(1) of the Customs Act, 1962 read with clause 19(4) of the Finance Bill, 1974 or whether at the rate of 5 per cent

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Nov 13 2006

J.K. Synthetics Limited and anr. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Nov-13-2006

Subject : Customs

Acts : 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)

Reported in : 138(2007)DLT660; 2006(204)ELT369(Del)

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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Mar 10 1987

Mis. Punjab Diary Development Corporation Ltd. Vs. Union of India and ...

Court : Delhi

Decided on : Mar-10-1987

Subject : Customs

Acts : Customs Act, 1962 - Sections 25(2)

Reported in : 1987(30)ELT241(Del); 1987RLR319

1976 to the Union Minister of Finance requesting for an order being passed under Section 25(2) of the Customs Act, 1962 for exemption from payment of customs duty. Pending decision on the request of the State Government, the Central

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May 23 1995

Polar Marmo Agglomerates Ltd. Vs. Union of India, Secretary, Ministry ...

Court : Delhi

Decided on : May-23-1995

Subject : Customs

Acts : Customs Act, 1962 - Sections 25

Reported in : 1995IIIAD(Delhi)48; 1995(34)DRJ149

Customs Act having misdeclared the goods, and that investigation and adjudication proceedings under section 111(d) and 111(m) of the,Customs Act, 1962, are pending and yet to be completed. It is stated, thereafter notice will be issued to the petitioner … a separate matter. What is contended before us by the petitioner is that under a notification issued under section 25 of the (customs Act the petitioner is exempted from paying whole of the duty of customs as well

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Oct 28 1998

Living Media India Ltd. and anr. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Oct-28-1998

Subject : Customs

Acts : Customs Act, 1962 - Sections 25(1); Provisions of the Interest Act, 1978 - Sections 27A; Constitution of India - Articles 19(1) and 32

Reported in : AIR1999SC3461; 1998(62)ECC601; 1998(104)ELT3(SC); JT1998(7)SC292; 1998(5)SCALE685; (1998)7SCC668; [1998]Supp2SCR436

However, there will be no order as to costs. Custom - excess duty - Section 25 (1) of Customs Act, 1962, Section 27A of Provisions of the Interest Act, 1978 and Article 19 (1) and 32 of Constitution of India

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Oct 17 1985

Apar Private Ltd. and Others Vs. Union of India and Others Overruled

Court : Mumbai

Decided on : Oct-17-1985

Subject : Customs

Acts : 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

Reported in : 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, … notification issued by the Central Government (hereinafter referred to as 'Exemption Notification') in exercise of its powers under Section 25(1) of the Customs Act, 1962 (hereinafter referred to as 'the Customs Act'). But, by the time these goods

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Aug 05 2005

Commissioner of Customs (General), New Delhi Vs. Gujarat Perstorp Elec ...

Court : Supreme Court of India

Decided on : Aug-05-2005

Subject : Customs

Acts : Companies Act, 1956; Customs Act, 1962 - Sections 25(1), 28(1), 111 and 112; Customs Tariff Act, 1975 - Sections 2; Income Tax Act, 1961 - Sections 32, 43 and 43(3); Central Excise Tariff Act, 1985; Interpretation Rules, 1988

Reported in : 2005(101)ECC577; 2005(186)ELT532(SC); JT2005(7)SC490; (2005)7SCC118

follows;'Exemption to specified goods of Chapters 49 and 97In exercise of the powers conferred by Sub-section (1) of Section 25 of the Customs Act, 1962 (52 of 1962) and in supersession of the notification of the Government of … amount be paid forthwith.c) I hold that the goods are liable to confiscation under Section 111 of the Customs Act, 1962. However, since the goods are not available, I refrain from ordering confiscation.d) I impose under Section 112 of

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