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Oct 18 1991

Sayad Mohammed Sadiq and ors. Vs. G.S. Narang, Asst. Collector of D.R. ...

Court : Mumbai

Decided on : Oct-18-1991

Subject : CriminalCustoms

Acts : Customs Act, 1962 - Sections 138B and 138B(1); Evidence Act, 1872 - Sections 33; Code of Criminal Procedure (CrPC) , 1898 - Sections 288

Reported in : 1992(1)BomCR359

above terms made partially absolute. (i) Criminal - evidence - Sections 138 B and 138 B (1) of Customs Act, 1962, Section 33 of Evidence Act, 1872 and Section 288 of Criminal Procedure Code, 1973 - Court must arrive at finding

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Mar 08 1990

Sva Udyog Viniyog Limited Vs. Union of India

Court : Mumbai

Decided on : Mar-08-1990

Subject : Customs

Acts : Customs Act, 1962 - Sections 2, 2(33), 46, 47, 111 and 112

Reported in : 1991(52)ELT212(Bom)

should not be taken against them and the goods confiscated under Section 112 and Section 111(d) of the Customs Act, 1962. The Petitioners, by their letter dated 7-7-1988, replied to the said Show Cause Notices. In the said reply,

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Oct 25 2007

The Commissioner of Customs (import) Vs. Amrit Banaspati Co. Ltd.

Court : Mumbai

Decided on : Oct-25-2007

Subject : Customs

Acts : Customs Tariff (Determination of Orig of Goods under the Free Trade Agreement between the Democratic Socialistic Republic of Sri Lanka and the Republic of India) Rules, 2000; Prevention of Food Adulteration Act, 1954 - Sections 2, 5, 6, 11, 18 and 41(2); Prevention of Food Adulteration Rules, 1954; Prevention of Food Adulteration Rules, 1955; Customs Tariff Act, 1975 - Sections 5(1); Foreign Trade (Development and Regulation) Act, 1992 - Sections 5; Customs Act, 1962 - Sections 2, 2(33), 111, 112, 125 and 143; Sea Customs Act, 1878 - Sections 5, 16 and 18; Trade and Merchandise Marks Act; Drugs and Cosmetics Act, 1940 - Sections 41(1)

Reported in : 2008(1)ALLMR155; 2008(1)BomCR729; (2007)109BOMLR2328; 2007(123)ECC14; 2007(149)LC14(Bombay); 2007(218)ELT336(Bom)

products shall be subject to all the conditions laid down in the 1954 Act.10. Section 2(33) of the Customs Act, 1962 as well as Clauses (1) and (m) of Sections 2(ia) and Sections 5 & 6 of the 1954

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Sep 29 2006

ispat Industries Ltd. Vs. Commissioner of Customs, Mumbai

Court : Supreme Court of India

Decided on : Sep-29-2006

Subject : Customs

Acts : Customs Tariff Act, 1975; Customs Valuation Rules, 1988 - Rule 9 and 9(2); Customs Act, 1962 - Sections 2(23), 2(25), 2(27), 7(1), 8, 12, 14, 14(1), 14(1A), 15, 15(1), 18, 30(1), 31, 31(1), 31(2), 32, 33, 34, 35, 46, 46(1), 47, 47(1) and 50; Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 - Rules 3, 4, 4(1), 4(2), 4(3), 5, 5(1), 6, 6(1), 9, 9(2) and 9(4); Constitution of India

Reported in : 2006(202)ELT561(SC); JT2006(12)SC379; 2006(9)SCALE652

for the purpose of valuation of the goods for the purpose of assessment is Section 14 of the Customs Act, 1962. Section 14(1), has already been quoted above, and a perusal of the same shows that the value to be … any customs station unless they are specified in such manifest or report for being unloaded at that customs station.Section 33 states as under:Except with the permission of the proper officer, no imported goods shall be unloaded, and no

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Jan 08 2002

Balar Fabrics Pvt. Ltd. Vs. Union of India (Uoi)

Court : Rajasthan

Decided on : Jan-08-2002

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35C(1); Customs Act, 1962 - Sections 129B(1); Income Tax Act, 1922 - Sections 33(4) and 66

Reported in : 2003(85)ECC142; 2002(142)ELT309(Raj); 2002(2)WLC475; 2002(1)WLN718

be useful to refer certain provisions of the Central Excises & Salt Act, 1944 as well as the Customs Act, 1962. Section 35B of the Excise Act provides that any per-son aggrieved by any of the orders enumerated in sub-section … ex-pression has been dealt with by the Supreme Court in Mudaliar's case (supra) in the back ground of Section 33(4) of the Indian Income Tax Act and Rule 24 of the Appellate Tribunal Rules of 1946. It is

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Aug 29 1997

Shri Nazir Ahmed Abdul Hamid Vs. the State of Maharashtra and Others

Court : Mumbai

Decided on : Aug-29-1997

Subject : CustomsCriminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 2 and 3(1); Constitution of India - Articles 22(5) and 226; Custom Act, 1962 - Sections 2, 33, 34, 104, 108 and 124; Indian Penal Code (IPC), 1860 - Sections 379; Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1998 - Sections 3

Reported in : 1998(5)BomCR73

furtherstrategy of unloading the said dutiable goods in contravention of the provisions ofsections 33 and 34 of the Customs Act, 1962, as also of removing the said dutiablegoods from the customs area without permission of the appropriate officer. Both … And any dutiable or prohibited goods unloaded or attempted to be unloaded in contravention of the provisions of section 33 or section 34 of the Customs Act, 1962 are liable to confiscation under section 111(h) of the Customs

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Jan 27 1999

Gian Castings Ltd. and ors. Vs. Uoi and ors.

Court : Punjab and Haryana

Decided on : Jan-27-1999

Subject : Excise

Acts : Constitution of India - Article 226; Customs Act, 1962 - Sections 105 and 105(1), 110, 142 and 150; Central Excise Rules, 1944 - Rules 9(2), 197, 201 and 209 ; Central Excise Act, 1944 - Sections 3, 11, 12, 14, 18, 33 and 37

Reported in : 2000(67)ECC385; 1999LC379(P& H); 1999(108)ELT36(P& H); (1999)121PLR684

Central Excise Act 1944, only 'provisions contained in Chapters V, IX, X, XIV, XV and XVI of the Customs Act, 1962' could have been adopted. However, the Central Government had illegally adopted various other provisions. The adoption of the … petitioners involves questions of facts which have to be determined and decided by the Commissioner in terms of Section 33 read with Section 11A of the Act and the provisions of the rules. The respondents maintain that the

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Jul 22 2009

Flemingo Duty Free Shops Pvt. Ltd., a Company Incorporated Under the P ...

Court : Karnataka

Decided on : Jul-22-2009

Subject : Commercial

Acts : Companies Act, 1956; Customs Act, 1962 - Sections 2(23), 12, 14, 15, 58 and 58(1); Standards of Weights and Measurements Act, 1976 - Sections 2, 2(1) and 31; Standards of Weights and Measures (Enforcement) Act, 1985 - Sections 33 and 72(2); Standards of Weights and Measures (Packaged Commodities) Rules, 1977 - Rules 2, 6, 6(1B), 7, 8, 9, 11, 12 and 35; Standards of Weights and Measures (Packaged Commodities) (Amendment) Rules

Reported in : ILR2009KAR3462; 2009(5)KarLJ480

the Legislation. It follows that any Rules framed under the relevant Act is equally inapplicable. Section 2(i) & Customs Act, 1962, Section 2(23): [Anand Byrareddy, J] Definitions of import and export - Held, The definition of the expression, both under … the Preamble to the SWM Act read with Section 31 thereof and as seen from a reading of Section 33 of the latter Act. The sales being sales in the course of import or export, the transactions do

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Mar 04 1986

industrial Cables (India) Ltd. and anr. Vs. Union of India (Uoi) and o ...

Court : Punjab and Haryana

Decided on : Mar-04-1986

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(1), 2(33), 2(34), 17, 18, 19, 46, 47 and 50; Imports and Exports (Control) Act; Import (Control) Order, 1955

Reported in : 1986(9)ECC88; 1986(25)ELT33(P& H)

in this argument would be evident when reference is made to some of the relevant provisions of the Customs act, 1962 (hereinafter called the Act). Sub-section (1) of Section 2, of the Act defines 'adjudicating authority' to mean 'any … of Date of registrationNo. licence of contract endorsed----------------------------------------------------------------------------1. P/W/2942585 17.9.81 22,13,397 27.10.802. P/W/2942510 4.9.81 30,19,955 27.10.803. P/W/0338565 5.2.82 33,92,500 25.7.804. P/W/2942776 1.12.82 25,18,542 25.7.805. P/W/0339077 31.3.82 45,23,700 25.7.806. P/W/0338567 5.2.82 7,26,600 25.7.807. P/L/0339179 27.5.82 58,91,900 27.10.808. P/W/0338643

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Sep 04 1970

Sheikh Mohd. Omer Vs. Collector of Customs, Calcutta and ors.

Court : Supreme Court of India

Decided on : Sep-04-1970

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(33), 111 and 125; Imports and Exports (Control) Act, 1947 - Sections 3 and 3(1); Imports Control Order, 1955;

Reported in : AIR1971SC293; 1983(13)ELT1439(SC); (1970)2SCC728; [1971]2SCR35

No. 1-I.T.C.(PN)/61 dated 2nd January 1961 and (2) whether the expression 'prohibition' contained in Section 111(d) of the Customs Act 1962 (which will hereinafter be referred to as the Act) includes prohibition of imports coupled with a power to … assessment was made in respect thereof. Commissioner of Income-tax, Bombay v. Pirojbai' N. Contrac- tor, (1937) 5 I.T.R. 338, Maharaj' Kumar Kamal Singh v. Com- missioner of Income-tax, Bihar and Orissa, [1959] Supp. - S.C.R. 10 Maharajadhiraj

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