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May 08 1981

international Computers Indian Manufacturers Ltd. and Another Vs. Unio ...

Court : Delhi

Decided on : May-08-1981

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(2), 2(4), 2(14), 2(15), 2(23), 2(25), 2(27), 2(28), 2(33), 12, 14, 15, 17, 18, 18(1), 28, 28(1), 45, 46, 47, 57, 59, 60, 67 and 68

Reported in : 1981(8)ELT632(Del)

of the Assistant Collector of Customs, the said components were transferred in Bond under Section 67 of the Customs Act, 1962 to be warehoused at petitioner's factory at Pune. As and when each consignment was permitted to be transferred … prior to February 22, 1972. By a notice dated December 5, 1972, purported to have been issued under Section 28 of the Customs Act, issued by the Bond Officer (Inspector of Central Excise) a demand for Rs. 3,74,144,18

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Sep 21 1992

Union of India Vs. K. Siraj

Court : Chennai

Decided on : Sep-21-1992

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(19), 11, 11(2), 28, 47, 51, 100, 101, 102, 103, 104, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 124, 125, 129D, 130, 132, 133, 134, 135 and 135A

Reported in : 1993(44)ECC262; 1993(65)ELT25(Mad)

responsible for the misdeclaration. According to the respondents-appellants, the present summons dated 18-11-1991 under Section 108 of the Customs Act, 1962 by the 4th respondent herein is in connection with the investigation/inquiry of all the above mentioned imports that … order passed by the concerned authorities under Section 130 of the Act. Respondents however, contend that notices under Section 28 or Section 124 are not in nature of review. They further contend that power to issue such notices

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Jan 25 2008

Commissioner of Customs Vs. Virudhunagar Textile Mills Ltd.

Court : Chennai

Decided on : Jan-25-2008

Subject : Customs

Acts : Customs Act, 1962 - Sections 11A, 11B, 27, 27(2), 28(1), 28D, 35E, 35E(1), 35E(2), 128, 128A, 129, 129A, 129B, 129D and 129D(2); Central Excise Tariff Act, 1985; Central Excise Act - Sections 11B

Reported in : 2008(128)ECC91; 2008(154)LC91(Madras); 2008(230)ELT411(Mad)

that the amount erroneously refunded could not be recovered by filing an appeal under Section 129D of the Customs Act, 1962 unless a demand notice was issued under Section 28(1) be correct in law, when the Supreme Court in

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Aug 12 2009

Kamat Printers Pvt. Ltd. and Vs. Union of India (Uoi) Through the Seni ...

Court : Mumbai

Decided on : Aug-12-2009

Subject : Customs

Acts : Customs Act, 1962 - Sections 28, 28(1), 28(2), 28AB, 28AB(1), 28AB(2), 59, 59(1), 61(2), 127A and 28AB(2), 127B, 127B, 127C, 127C(1), 127C(6), 127C(7), 127C(9), 127F, 127F(1), 127H and 127J; Customs Act, 1961 - Sections 14(1); Central Excise Act, 1944; Finance Act (2), 1996; Valuation Rule, 1988 - Rule 8

Reported in : 2009(170)LC91(Bombay)

behalf of the petitioners has been that no show cause notice as required under Section 28 of the Customs Act, 1962 (hereinafter referred to as the Act) was served on the petitioners. The show cause notice dated 16th June,

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Jul 08 1997

M.A. Jackson Vs. Collector of Customs

Court : Supreme Court of India

Decided on : Jul-08-1997

Subject : Customs

Acts : Customs Act, 1962 - Sections 28(1); Transfer of Residence Rules, 1978

Reported in : 1997(96)ELT23(SC); JT1997(6)SC1; (1998)1SCC198; [1997]Supp1SCR565; [1998]109STC389(SC)

A show-cause notice dated 17-6-1985 was issued by the Superintendent of Customs, Bangalore, under Section 28(1) of the Customs Act, 1962 asking the appellant to show cause against alleged short levy of customs duty of Rs. 1,40,174.70 which was

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Nov 10 2003

Teksons Ltd. Vs. Assistant Collector of Customs

Court : Mumbai

Decided on : Nov-10-2003

Subject : Customs

Acts : Customs Act, 1962 - Sections 28 and 28(1); Constitution of India - Article 226

Reported in : 2004(165)ELT17(Bom)

said order and the demand, the learned Advocate appearing for the Petitioners submitted that Section 28 of the Customs Act, 1962 provides for a show cause notice to be served upon the party before the confirmation of the demand

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Oct 03 1996

Collector of Customs, Calcutta Vs. TIn Plate Co. of India Ltd.

Court : Supreme Court of India

Decided on : Oct-03-1996

Subject : Customs

Acts : Customs Act, 1962 - Sections 28, 28(1) and 28(2)

Reported in : 1996(87)ELT589(SC); (1997)10SCC538

cleared on 10th, 11th, 12th and 24th January, 1984. Under Section 15 read with Section 46 of the Customs Act, 1962 the relevant date for determination of rate of duty in the case of goods entered for home consumption, … action on the part of the Assistant Collector of Customs was not in conformity with the provisions of Section 28 of the Customs Act. The Deputy Collector of Customs wrote a letter dated 22-7-1985 wherein after stating the

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Aug 08 1985

Arjandas Takandas Kataria Vs. Assistant Collector of Customs

Court : Mumbai

Decided on : Aug-08-1985

Subject : Customs

Acts : Customs Act, 1962 - Sections 28 and 28(1)

Reported in : 1990(48)ELT242(Bom)

and, therefore, on May 21,1973, the 1st respondent issued a show cause notice under Section 28 of the Customs Act, 1962 to the State Trading Corporation demanding from them a sum of Rs.31,199.23 (being the duty short levied). The

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Feb 05 1991

M/S. Jacsons thevara Vs. Collector of Customs and Central Excise

Court : Supreme Court of India

Decided on : Feb-05-1991

Subject : Customs

Acts : Customs Act, 1962 - Sections 28, 111, 112 and 130E; Customs Tariff Act, 1975 - Sections 17(4); Companies Act, 1956; Project Import (Registration of Contracts) Regulations, 1965

Reported in : AIR1991SC647; 1991(32)ECC89; 1991LC225(SC); 1992(61)ELT343(SC); JT1991(1)SC309; 1991(1)SCALE137; (1991)2SCC62; 1991(1)LC544(SC)

ORDERS.C. Agrawal, J.1. This appeal has been filed under Section 130E(b) of the Customs Act, 1962 (hereinafter referred to as 'the Act') against the order dated July 29, 1986 passed by the Customs, Excise … duty on the goods imported and therefore it was proposed to invoke the provisions of Sub-section (1) of Section 28 of the Act. In the said show cause notice it was also stated that the suppression and wilful

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Jul 07 2003

Commissioner of Customs, Kolkatta Vs. Grand Prime Limited and ors.

Court : Supreme Court of India

Decided on : Jul-07-2003

Subject : Customs

Acts : Customs Act, 1962 - Sections 28, 111, 113, 114 and 124; Imports and Exports (Control) Act, 1947 - Sections 2(33), 3 and 3(1)

Reported in : AIR2003SC2708; 2003(88)ECC449; 2002LC329(SC); 2003(155)ELT417(SC); JT2003(5)SC259; 2003(5)SCALE166; (2003)5SCC762

statements were recorded. Ultimately a demand-cum-show cause notice under Section 124 of the Customs Act, 1962 read with Section 28 of the said Act was issued on 14th May, 1999 to M/s. Olympia Exports, New Delhi, Shri Mahesh … to the revenue the advance licence obtained by the importer was forged. Summons under the provisions of the Customs Act, 1962 were repeatedly issued to M/s. Olympia Exports and Shri Mahesh Chowhan, proprietor of M/s. Olympia Exports, New Delhi

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