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Radient Industries Vs. the Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Excise

Acts : Customs Act, 1962 - Sections 129; Central Excise Act, 1944 - Sections 12, 35 and 36; Central Excise Act, 1954 - Sections 6 and 9; Constitution of India - Articles 226 and 227; Central Excise Rules, 1954 - Rules 174 and 200A

Reported in : 1980(6)ELT21(Raj)

appealt could be considered and dismissed the same for noncompliance of the provisions of Section 129 of the Customs Act, 1962 read with Notification No. 68/63, dated 4-5-1963 of the Government of India, Ministry of Finance (Deptt. of Revenue), … 'though the rules do not require that a personal hearing should be given to a revision petitioner under Section 36, if in appropriate cases where complex and difficult questions requiring familiarity with technical problems are raised, personal hearing

Tisco Vs. Commissioner of Customs and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Land Acquisition

Reported in : (2006)(112)ECC15

stated in the said Adjudication Order, they were liable to confiscation under Section 111(m) and (d) of the Customs Act, 1962(at page 601 of Appellant's Paper Book-Volume II). The Commissioner further held that, however, since the goods were not … quoting has been approved (at p. 67 of the said order), inspite of the error being pointed out. 36. The 40 pages document (at Pages 375 to 428 of Appellant's Paper Book - Volume II) referred to

Aban Loyd Chiles Offshore Ltd. and anr. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 2, 2(21), 2(27), 2(28), 11, 12, 14, 52, 53, 54, 86, 86(2), 87 and 90; Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 - Sections 3, 3(2), 3(3), 3(4), 4, 5, 6, 6(1), 6(2), 6(5), 6(6), 7, 7(1), 7(6) and 7(7); Customs Tariff Act, 1975; General Clauses Act - Sections 3(28); Constitution of India - Articles 1, 1(3), 265 and 297; Customs Act, 1982; Central Excise Act, 1944; Income Tax Act, 1961 - Sections 9(1)

Reported in : 2008(128)ECC213; 2008(154)LC213(SC); 2008(227)ELT24(SC); JT2008(5)SC256; 2008(6)SCALE128; (2008)11SCC439

duty on the goods imported into, or exported from, India is provided for under Section 12 of the Customs Act, 1962. Section 12 is the charging Section which provides- Except as otherwise provided in this Act 'duties of customs shall … they have gone out of the territorial waters of India - Appeals dismissed - INCOME TAX ACT,1961[C.A.No.43/1961] -- Section 36 (1)(iii): [B.P. Jeevan Reddy & K.S. Paripoornan,JJ] Business expenditure Guarantee commission paid to banker and insurer for standing

Collector of Customs and Excise, CochIn and ors. Vs. A.S. Bava

Court : Supreme Court of India

Subject : Customs

Acts : Constitution of India - Article 226; Central Excise Rules, 1944 - Rule 40; Customs Act, 1962 - Sections 129; Central Excise Act, 1944 - Sections 12 and 36

Reported in : AIR1968SC13; 1973LC18(SC); 1978(2)ELT333(SC); 1967(0)KLT935(SC); [1968]1SCR82

Excise and Salt act 1944, hereinafter referred to as the Excise Act, declaring that s. 129 of the Customs Act, 1962, relating to matters specified therein shall be applicable in regard to like matters in respect of the duties … question of jurisdiction. 6. To appreciate the third point, it is necessary to extract the relevant statutory provisions. Section 12 of the Excise Act authorises the Central Government to apply provisions of the Sea Customs Act, 1878, … did not avail himself of the remedy of revision provided by s. 36 of the Excise Act. (2) The petitioner having availed of the remedy

Jharana Mills Ltd. Vs. Assistant Collector, Central Excise and ors.

Court : Orissa

Subject : Excise

Acts : Customs Act, 1962 - Sections 129; Central Excises Act, 1944 - Sections 36

Reported in : AIR1970Ori155

by his order dated 1-8-63 dismissed the appeal for non-compliance with the provisions of Section 129 of the Customs Act, 1962 read with Government of India, Ministry of Finance (Department of Revenue) Notification No. 68/63 dated 4-5-63 without going … was dismissed as not maintainable. Against the appellate order a revision (was?) carried to the Central Government under Section 36 of the Central Excises and Salt Act, 1944. By an order dated 20-1-1965 (Annexure D) the Central Government

Barium Chemicals Ltd. Vs. Union of India (Uoi)

Court : Andhra Pradesh

Subject : Customs

Acts : Customs Act, 1962 - Sections 7, 8, 11, 12, 12(1), 14, 15, 25, 25(1), 33, 46, 47 and 50; Customs Tariff Act, 1975 - Sections 2, 2(1), 3, 3(1), 3(2) and 3(6); Central Excise Act, 1944; Foreign Exchange Regulation Act, 1973; Customs Valuation Rules, 1963 - Rule 8; Central Excise Rules - Rule 8

Reported in : 1988(17)ECC201; 1988(37)ELT327(AP)

assessable value of the goods for the purpose of levy of customs duty under Section 12 of the Customs Act, 1962 read with Section 2 of the Customs Tariff Act, 1975, the landing charges and stevedoring charges payable by … of notifications mentioned in para 14 of the affidavit for claiming exemption for additional Customs duty. Notification No. 36/83-Cus., dated 1-3-1983 reads as under:'Effective rate of Duty for Goods falling under Heading No. 39.01/06.In exercise of the

Union of India and ors. Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Subject : Sales Tax

Acts : Andhra Pradesh General Sales Tax Act, 1957 - Sections 2; Andhra Pradesh General Sales Tax (Amendment) Act, 1985; Customs Act, 1962; Constitution of India - Articles 131, 143, 194, 212, 226, 277, 285 and 289; Madhya Pradesh General Sales Tax Act; Evidence Act, 1872 - Sections 155; Code of Criminal Procedure (CrPC) , 1898 - Sections 288; Central Excises and Salt Act, 1944 - Sections 36; Government of India Act - Sections 154 and 155

Reported in : 1996(2)ALT929; [1996]103STC34(AP)

respondent - State of Andhra Pradesh. According to them, whenever there are violations of the provisions of the Customs Act, 1962, goods involved are confiscated, they are put to sale and upon the sale of such goods the State … the role of a disputant, and, that consequence can scarcely fit into its constitution as a Tribunal under section 36 of the Act. (Section 36 of the Central Excises and Salt Act, 1944)', to illustrate the point that

Sudhir Sharma Vs. The Commissioner of Customs

Court : Delhi

Subject : Land Acquisition

(74212 meters) of silk textiles without declaring them, as was required of her under Section 77 of the Customs Act, 1962 (hereafter called the “Act”). She had landed at the Indira Gandhi International Airport (IGIA) after travelling on a … ..40 41653 .68 26430 .00 2466. 80 5990. 80 28544 .40 6519. 40 5638. 40 4933. 60 6660. 36 24668 .00 0 21496 1461755 9000 32654 2220450 800 25630 1742840 0 2467 167742 0 5991 407374 2350

Tofan Singh Vs. The State Of Tamil Nadu

Court : Supreme Court of India

Subject : Right to Information

parallel between the provisions of section 67 of the NDPS Act and sections 107 and 108 of the Customs Act, 1962, section 32 of the Prevention of Terrorism Act, 2002 (“POTA”) and section 15 of the TADA - see paragraph … 173 of the Code. But the issue is placed beyond the pale of doubt by sub-section (1) of Section 36-A of the Act which begins with a non-obstante clause - notwithstanding anything contained in the Code - and

M/S. Central Cables Limited and Others Vs. the Union of India, Through ...

Court : Mumbai Nagpur

Subject : Land Acquisition

machine (capital goods) Gravi Mix Magruire WSB 420, valued at Rs.5,21,396/- under Section 111(d) and (f) of the Customs Act, 1962 (hereinafter referred to as the Act), and in terms of its Section 125, gave option to pay fine … Officer is also not violated by the petitioners and for the same reasons, there is no violation of Section 36 of the Act. He has also invited our attention to the provisions of Chapter VIII dealing with goods