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Commissioner of Customs Vs. I2 Technologies Software Pvt. Ltd.
Karnataka
Aug-02-2007
Customs
Customs Act, 1962 - Sections 2(44), 15, 15(1), 23, 23(2), 46, 47, 59, 60, 61, 61(1), 61(2), 62, 64, 68, 71, 72, 72(1), 72(2), 111, 112, 114, 117 and 130(1); Customs Rules; Customs Regulations; Central Excises Act, 1944 - Sections 3(1)
2008(128)ECC245; 2008(154)LC245(Karnataka); 2007(217)ELT176(Kar); 2008(3)AIRKarR166(DB)
provisions of Sections 72(1)(a) and 72(2) of the Customs Act, 1962 the respondent Company lost in right Under Section 68 of the Act to relinquish title to the warehoused goods on the expiry of the period permitted under … Arali Nagaraj, J.1. This appeal is filed by the Commissioner of Customs, Bangalore, under Section 130(1) of the Customs Act, 1962 (hereinafter referred to as 'the Act') questioning the correctness of the order dated 23.8.2005 passed by the Customs,
Tag this Judgment! AI Brief & AskD.C.M. and anr. Vs. Union of India (Uoi) and anr.
Supreme Court of India
Sep-08-1994
Customs
Constitution Of India - Article 32; Customs Act, 1962 - Sections 15(1)(b), 46, 68
1995Supp(3)SCC223
This writ petition under Article 32 of the Constitution questions the constitutional validity of Section 15(1)(b) of the Customs Act, 1962. Section 15(1) reads as follows:“15. Date for determination of rate of duty and tariff valuation of imported goods.- (1) … of such goods is presented under that section;(b) in the case of goods cleared from a warehouse under Section 68, on the date on which the goods are actually removed from the warehouse;(c) in the case of any
Tag this Judgment! AI Brief & AskJ.K. Industries Ltd. Vs. Union of India (Uoi)
Rajasthan
Apr-21-2005
Customs
Companies Act, 1956; Customs Tariff Act, 1975 - Sections 3, 8C, 9 and 9A to 9C; Customs Tariff (Amendment) Act, 1982; Customs Act, 1962 - Sections 12, 15, 46, 58, 68, 72 and 129; Indian Tariff Act, 1934; Finance Act, 2003 - Sections 8B, 8C, 8(8) and 15(1); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002; Finance Act, 2000 - Sections 9AA; Income Tax Act, 1922 - Sections 34; Income Tax Act, 1961 - Sections 148; Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 - Rules 2, 3, 4, 5 to 17, 18, 19 and 20; Constitution of India - Articles 12, 14, 136, 226, 227, 229 and 265
2005(103)ECC152; 2005(186)ELT3(Raj)
duties in terms of Entry 81 of the List I of schedule VII of the Constitution is the Customs Act, 1962. Section 12 of Customs Act provides that the duties of custom shall be levied at the rate prescribed under … date when the bill of entry is presented before competent authority before goods are cleared from warehouse under Section 68.35. Until Section 15(1)(b) was amended vide Finance Act, 2003, the rate of duty and valuation of tariff was
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Apar Private Ltd. and Others Vs. Union of India and Others Overruled
Mumbai
Oct-17-1985
Customs
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
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, … the rate of exchange applicable to imported goods shall be the rate and valuation in force and under Section 68 it shall be on the date on which the goods were actually removed from the warehouse...... in this
Tag this Judgment! AI Brief & AskCommissioner of Customs, Calcutta and anr. Vs. Biecco Lawrie Ltd.
Supreme Court of India
Feb-01-2008
Customs
Customs Act, 1962 - Sections 2(25), 15, 15(1), 27A, 46, 49, 68 and 130E; Customs Tariff Act; Central Excise Rules - Rule 174
2008(125)ECC1; 2008(151)LC1(SC); 2008(223)ELT1(SC); JT2008(2)SC209; 2008(2)SCALE163; (2008)3SCC264; 2008AIRSCW1159; 2008(3)SCC264; 2008(2)Supreme20.
Ashok Bhan, J.1. The present appeal has been filed under Section 130E of the Customs Act, 1962 (for short, 'the Act') against the judgment and final order dated 9th of August, 2001 passed by the … goods is at the rate prevalent on the date of removal of the goods from the warehouse under Section 68. According to him, in terms of Section 15(1)(b), the 'cause' is 'the physical removal of goods from warehouse'
Tag this Judgment! AI Brief & AskSimplex Castings Limited Vs. Union of India and anr.
Andhra Pradesh
Aug-21-1998
Customs
Customs Act, 1982 - Sections 15, 15(1), 17, 18, 46 and 68; Customs Act, 1962 - Sections 15
1998(5)ALD544; 1998(5)ALT453; 1999(63)ECC26; 1998(104)ELT318(AP)
issues involved in these writ petitions, it is necessary to extract the provisions of Section 15 of the Customs Act, 1962.Section -15: Date for determination of rate of duty and tariff valuation of imported goods:(i) The rate of duty … of duty and tariff valuation for imported goods, in the case of goods cleared from a warehouse under Section 68, is the date on which the goods are actually removed from the warehouse. Learned Standing Counsel submits that
Tag this Judgment! AI Brief & Askinternational Computers Indian Manufacturers Ltd. and Another Vs. Unio ...
Delhi
May-08-1981
Customs
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
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 … such goods is presented under that section; (b) in the case of goods cleared from a warehouse under section 68, on the date on which the goods are actually removed from the warehouse; (c) in the case of
Tag this Judgment! AI Brief & AskState Trading Corporation of India Ltd. Vs. State of Tamil Nadu and an ...
Chennai
Oct-17-2001
Sales Tax
Central Sales Tax Act, 1956 - Sections 2 and 5(2); Customs Act, 1962 - Sections 47 and 68; Constitution of India - Article 226
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 … barrier of India.14. Section 47 of the Customs Act refers to clearance of goods for home consumption, while Section 68 of the Act deals with clearance of warehoused goods for home consumption. In this case, the goods had
Tag this Judgment! AI Brief & AskThe State of Maharashtra Vs. Iqbal Mohammed Memon and Others
Mumbai
Oct-08-1998
CriminalNarcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 68-B, F, H, I(3) and O, 74-A, 76 and 78; Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Sections 3, 4, 5, 6, 7 and 8(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 41, 42, 52-A, 53 and 82; Administration of Evacuee Property Act, 1950; Bombay Evacuees (Administration of Property) Act, 1949; Central Ordinance Act, 1949 - Sections 24 - Rule 5(5); Customs Act, 1962 - Sections 2, 151 and 152; Constitution of India - Articles 133(1), 134-A and 226; Central Excises and Salt Act, 1944 - Sections 11-B; Limitation Act, 1963 - Sections 5
1999(5)BomCR752
who are authorised to assist the Customs Officers by virtue of the provisions of section 151 of the Customs Act, 1962. Section 151 deals with the powers of the Central Government to notify other officers of the Central Government or … is the petition filed by the State of Maharashtra seeking to challenge the Order dated 20-10-1997, passed under section 68-I of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'N.D.P.S. Act') by the Competent Authority, appointed
Tag this Judgment! AI Brief & AskSynthetics and Chemicals Ltd. Vs. S.C. Coutinho and Others
Mumbai
Mar-14-1980
Customs
Customs Act, 1962 - Sections 12, 14, 15, 15(1), 25, 25(1), 46, 59, 68 and 69
1981(8)ELT414(Bom)
real meaning of section 12 read with section 15 and a Notification issued under section 25 of the Customs Act, 1962.2. In order to understand the controversy between the parties, a few facts may be noted. The appellants, who … of such goods is presented under that section;(b) in the case of goods cleared from a warehouse under Section 68, on the date on which the goods are actually removed from the warehouse;(c) in the case of any
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