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Ms.Medopharm. Vs. the Joint Secretary to the Govt. of India
Chennai
Apr-27-2012
Customs
Customs Act, 1962 - Section 74, 75, 128 (1); Re-export of Imported Goods (drawback of Customs Duties) Rules, 1995. - Rules 4, 5 ; Constitution of India - Article 226
respect of the exported goods. However, the shipping bills had been filed, inadvertently, under Section 75 of the Customs Act, 1962, instead of filing the claim, under Section 74 of the said Act. The goods had been exported by
Tag this Judgment! AI Brief & AskGujarat State Fertilizers Co. Ltd. (Fibre Unit) and anr. Vs. Union of ...
Gujarat
Jun-20-2008
Customs
Customs Act, 1962 - Sections 74 and 74(1); Constitution of India - Article 226
2008(120)ECC158; 2008(156)LC158(Gujarat); 2009(233)ELT187(Guj)
the test of these very goods which is a must to claim drawback under Section 74 of the Customs Act, 1962. This point was asked to the representative of M/s Gujarat Nylons Ltd. specifically as to why both the
Tag this Judgment! AI Brief & AskRochiram and Sons Vs. Union of India (Uoi) and ors.
Supreme Court of India
Apr-24-2008
Customs
Customs Act, 1962 - Sections 74 and 129DD
2008(129)ECC195; 2008(155)LC195(SC)
allowed. After re-export, Assessee filed a claim for duty drawback of Rs. 11,79,199 under Section 74 of the Customs Act, 1962.2. A show cause notice was issued to the Assessee as to why the duty drawback claimed be not
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Daimler Chrysler India Pvt. Ltd. Vs. the Union of India, Joint Secreta ...
Mumbai
Sep-15-2003
Commercial
Customs Act, 1962 - Sections 27A, 74(1), 74(2) and 75; Motor Vehicles Act - Sections 39; Taxes of Entry of Goods into Calcutta Metropolitan Area Act, 1972 - Sections 19
2004(1)ALLMR594; 2004(175)ELT72(Bom); 2004(1)MhLj813
amounts to use of a car after importation thereof into India as contemplated under Section 74(2) of the Customs Act, 1962 ('Act' for short)Contextual facts: 3. For the resolution of the above question, it is necessary to consider contextual
Tag this Judgment! AI Brief & AskSolar Pesticides Pvt. Ltd. Vs. Union of India
Mumbai
Oct-22-1991
Customs
Customs Act, 1962 - Sections 26, 27, 27(2), 28A, 28B, 28C, 28D, 74 and 75; Central Excise Act, 1944 - Sections 11B; Central Excise Tariff Act, 1985
1992(1)MhLj871
costs. Customs - exemption - Sections 26, 27, 27 (2), 28A, 28B, 28C, 28D, 74 and 75 of Customs Act, 1962, Section 11B of Central Excise Act, 1944, Central Excise Tariff Act, 1985 and Chapter 10 of Central Excise Rules,
Tag this Judgment! AI Brief & AskRaj Exports Vs. National Aluminium Co. Ltd.
Orissa
Mar-01-1996
Customs
Customs Act, 1962 - Sections 9(4), 25, 25(1) and 74; Import Trade Control Act; Central Excise Act - Sections 57A; Foreign Trade (Development and Regulations) Act; Customs Tariff Act, 1975 - Sections 3; Imports and Exports (Control) Act, 1947; Imports (Control) Order, 1955; Central Excise Rules, 1944 - Rules 12(1), 13(1), 56A, 57A, 191A and 191B; Customs and Central Excise Duties Drawback Rules, 1971
1996(87)ELT349(Ori)
Rule 13(1)(b) of the said rules, has not been availed; and(c) drawback has not been claimed either under Section 74 of the Customs Act, 1962 or Customs and Central Excise Duties Drawback Rules, 1971;(vi) exempt materials shall not … availed.6. The Custom authorities have placed on record the statutory provisions as envisaged under Section 25 of the Customs Act, 1962 regarding power to grant exemption from duty and the scope of Section 57A of the Central Excise Rules,
Tag this Judgment! AI Brief & AskBestnut Corporation Vs. Assistant Collr. of Cus.(Dbk)
Chennai
Jul-24-2000
Customs
Constitution of India - Article 226; Customs Act, 1962 - Sections 74 and 75; Drawback Rules - Rules 3, 4, 6 and 7
2000(122)ELT11(Mad)
rate under Rule 7 of the Drawback Rules, they could not take recourse under Section 74 of the Customs Act, 1962. Moreover the petitioner applied for fixation of brand rate under rule 6 or special brand rate under Rule
Tag this Judgment! AI Brief & AskAsstt. Collector of Cus. Vs. Hindustan Malleable and Forgings Ltd.
Kolkata
Sep-02-1992
Customs
Customs Act, 1962 - Sections 74, 74(1) and 76
1993(65)ELT194(Cal)
Ltd. claimed refund of sum of Rs. 1,92,828.29 as an amount of drawback under Section 74 of the Customs Act, 1962. The respondent-writ petitioner claimed this amount by way of drawback as the imported goods were re-exported, inasmuch as
Tag this Judgment! AI Brief & AskWavIn India Ltd. and anr. Vs. Union of India (Uoi) and anr.
Delhi
Dec-02-2004
Customs
Customs Act,1962 - Sections 74(1) and 74(2)
116(2005)DLT101; 2005(79)DRJ279; 2005(98)ECC743; 2005(184)ELT254(Del)
respondents to refund to the petitioners the duty drawback at the rate of 98% under the provisions of Section 74(1) of the Customs Act,1962 (hereinafter referred to as ''the Act''). 2. The facts relevant to these proceedings required
Tag this Judgment! AI Brief & AskK.P. Abdul Majeed Vs. Collector of Customs and Central Excise, Trichy
Chennai
Mar-17-1995
Customs
Customs Act, 1962 - Sections 111, 112 and 135
1996(56)ECC56; 1995(79)ELT554(Mad)
tune of Rs. 25 lakhs under Section 112 of the Customs Act, 1962 and Rs. 10 lakhs under Section 74 of the Gold (Control) Act, 1968 were also imposed in so far as the petitioners in these writ … for packing the gold and seized should not be confiscated to the Government under the provisions of the Customs Act, 1962 and the Gold Control Act, 1968 and why penalty should not be imposed on them for contravening the
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