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May 22 1992

C.D. Mining and Export Company (P) Ltd. Vs. Union of India

Court : Delhi

Decided on : May-22-1992

Subject : Customs

Acts : Constitution of India - Article 226; Customs Act, 1962 - Sections 47; Import and Export (Control) Act, 1947 - Sections 3(2)

Reported in : 48(1992)DLT584

in the Ministry of Finance, Department of Revenue and Insurance, passed in revision under the provisions of the Customs Act, 1962 (for short 'the Act').(2) We will come to the sequence of the events a little later and would … the goods. Consequently, the Collector set aside the order of clearance made earlier by the customs authorities under Section 47 of the Act when the goods were assessed under Item 63(2) Ict as stainless-steel angles as per bill

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Jul 30 2003

Krampe Hydraulik (India) and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Jul-30-2003

Subject : Customs

Acts : Customs Act, 1962 - Sections 47, 110, 110(1), 112 and 124

Reported in : 2003VIAD(Delhi)436; 2003(71)DRJ353

said goods had been assessed and the said goods had been cleared in terms of the provisions of Section 47 of the Customs Act, 1962?2. To examine the questions in the perspective of the petitioners' case, a brief … detention of the petitioners' goods on 3.11.1976 amounted to seizure within the meaning of Section 110(1) of the Customs Act, 1962?(ii) If the answer to question (i) above is in the affirmative, whether the Show Cause Notice which was

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Aug 22 1980

JaIn Shudh Vanaspati Ltd., Etc. Vs. Union of India and ors.

Court : Delhi

Decided on : Aug-22-1980

Subject : Customs

Acts : Customs Act, 1962 - Sections 47

Reported in : 1980CENCUS570D; 1982(10)ELT43(Del); ILR1981Delhi222

levied (amount of the duty shown in the annexure attached) as provided for under section 28 of the Customs Act, 1962. You are, thereforee, requested to explain why the amount specified above should not be recovered from you.'These show-cause … cleared the goods after physical checking and satisfying himself that the import of goods was not prohibited under section 47 of the Customs Act. There was no restriction, at the time of the import, that Edible Oil should

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Feb 19 1988

Reliance Industries Limited Vs. Union of India and Others

Court : Mumbai

Decided on : Feb-19-1988

Subject : Customs

Acts : Customs Act, 1962 - Sections 47, 111, 130 and 143

Reported in : 1990(26)ECC335; 1988(36)ELT49(Bom)

with the normal procedure under which they were cleared by the proper officer under Section 47 of the Customs Act, 1962. Import duty, however, was assessed provisionally and final assessment was to be made after reconciliation of all the

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Mar 29 2007

Essar Steel Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Mar-29-2007

Subject : Customs

Acts : Customs Act, 1962 - Sections 47(1) and 47(2); Customs (Amendment) Act, 2006 - Sections 18(3); Project Imports Regulations, 1986

Reported in : 2007(117)ECC5; 2007LC5(SC); 2007(210)ELT644(SC); JT2007(5)SC414; 2007(5)SCALE221; (2007)4SCC761

opinion, this litigation was totally unwarranted and time consuming. On one hand, the importer contended that under the Customs Act, 1962, as it stood at the relevant time, there was no provision for levy of interest on provisional assessment. … at that time there was no provision for levying of interest on provisional assessment. According to the importer, Section 47(2) was not applicable to the present case. According to the importer, at the relevant time, interest was

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Oct 17 2001

State Trading Corporation of India Ltd. Vs. State of Tamil Nadu and an ...

Court : Chennai

Decided on : Oct-17-2001

Subject : Sales Tax

Acts : Central Sales Tax Act, 1956 - Sections 2 and 5(2); Customs Act, 1962 - Sections 47 and 68; Constitution of India - Article 226

Reported in : 2002(149)ELT3(Mad); [2003]129STC294(Mad)

Duty was paid on these goods by the buyer, who cleared the goods under Section 47 of the Customs Act, 1962 and removed the goods out of the Customs station.2. The goods in question is news print, which the

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Jul 04 2008

Commissioner of Customs Vs. Jhunjhunwala Vanaspati Ltd.

Court : Gujarat

Decided on : Jul-04-2008

Subject : Customs

Acts : Customs Act, 1962 - Sections 2, 2(26), 17, 30, 30(3), 41, 45, 46, 46(1), 46(2), 46(4), 46(5), 46(5), 47, 47(1), 66(1), 130 and 149; Customs Tariff Act, 1975 - Sections 90; Customs (Amendment) Act, 1991; Imports (Control) Order 1955; Imports and Exports (Control) Act, 1947

Reported in : 2008(120)ECC231; 2008(156)LC231(Gujarat); 2008(232)ELT600(Guj)

to payment of customs duty on which customs duty is paid and out of charge order issued under Section 47 of the Customs Act, 1962 can be permitted to be amended in view of the provisions of Section … Ravi R. Tripathi, J.1. By this appeal under Section 130 of the Customs Act, 1962, Commissioner of Customs, Kandla is before this Court being aggrieved by judgment and order dated 26.12.2006 rendered in

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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, … Bombay & Others : 1981(8)ELT235(Bom) , wherein the learned Single Judge was pleased to state :-'The effect of Section 47 read with Section 2(33) is that once licence is granted the proper officer has to ascertain (i) whether

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Feb 09 1973

Nepal Knitting and Weaving Mills Pvt. Ltd. Vs. Union of India and ors.

Court : Delhi

Decided on : Feb-09-1973

Subject : Customs

Acts : Import Trade Control Hand Book Rules, 1969; Indian Tarriff Act, 1934 - Sections 2A(2); Additional Duty Rules, 1969; Constitution of India - Articles 14, 19, 31, 232 and 253; Imports and Exports (Control) Act, 1947 - Sections 3; Customs Act, 1962 - Sections 2(33), 46, 47 and 124

Reported in : 9(1973)DLT168

relevant procedure for the clearance of imported goods is laid down in sections 46 and 47 of the Customs Act, 1962 The importer has to present a bill of entry for home consumption under section 46. Under section 47,

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Aug 21 1991

Madanlal Steel Industries Ltd. Vs. Union of India

Court : Chennai

Decided on : Aug-21-1991

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(19), 7, 11, 11(2), 24, 28, 32, 33, 34, 45, 47, 51, 77, 89, 109, 110, 111, 112, 124, 129D and 130

Reported in : 1992(38)ECC325; 1991(56)ELT705(Mad); (1992)IIMLJ43

check, who, after necessary examination, assessed the goods for duty by an order under Section 47 of the Customs Act, 1962 (hereinafter referred to as 'the Act'). After the order four out of the six containers were cleared from

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