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Jul 27 1967

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

Court : Supreme Court of India

Decided on : Jul-27-1967

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 … of Constitution of India, Rule 40 of Central Excise Rules, 1944, Section 129 of Customs Act, 1962 and Sections 12 and 36 of Central Excise Act, 1944 - appeal against judgment of High Court - petitioner is

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Sep 28 1965

A.S. Bava Vs. Collector of Customs and ors.

Court : Kerala

Decided on : Sep-28-1965

Subject : Customs

Acts : Central Excise Act, 1944 - Sections 12 and 35; Sea Customs Act, 1878 - Sections 189; Customs Act, 1962 - Sections 129

Reported in : AIR1966Ker195

of this letter, failing which the appeal wilt be rejected for non compliance of section 129 of the Customs Act 1962. Yours faithfully Sd/ (M. Ramchandran) Copy to Shri. T. V. Kalyanasundaram Aiyer Advocate, Cochin-2 (by R P A. … of Sub-section (1) of Section 105, Section 110, Sub-section (2) of Section 115, Clause (a) of Section 118, Sections 119, 120, 121, 124, 129 and Clause (b) of Sub-section (1) of Section 142 of the Cus-toms Act,

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Apr 13 2009

P.C. JaIn Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Apr-13-2009

Subject : Customs

Acts : Customs Act, 1962 - Sections 129(1) to 129(5), 129(6), 146A and 146A(2); Finance Act, 2007 - Sections 110; Advocates Act, 1961 - Sections 30; Indian Bar Councils Act, 1926 - Sections 9(4), 14 and 14(1); Central Excise Act, 1944 - Sections 2, 12, 35D, 35Q, 35Q(2) and 50; Finance Act, 1994 - Sections 65(5) and 83; Gold (Control) Act, 2003 - Sections 135; Customs and Excise Revenue Appellate Tribunal Act, 1986 - Sections 11; Administrative Tribunal Act, 1985 - Sections 11; Haryana Ceiling of Land Holdings Act, 1972 - Sections 20A; Karnataka Land Reforms Act, 1961 - Sections 48(8); Maharastra Restoration of Lands to Schedule Tribes Act, 1974 - Sections 3(1), 4 and 9A; Ancient Monuments and Archaeological Sites and Remains Act, 1958; Constitution of India - Articles 14, 19(1), 19(6), 21,

Reported in : 159(2009)DLT326

has sought to debar all such like persons, by insertion of Sub-section (6) to Section 129 of the Customs Act, 1962 (hereinafter referred to as the 'Custom Act'). The said provision was introduced by Section 110 of the Finance … i.e. the so-called right of a litigant to be represented before the Collector in matters not covered by Sections 3(1) and 4 of the Act. Now it is well-settled that apart from the provisions' of Article 22(1)

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Aug 17 1990

Union of India and Another Vs. Paras Laminates (P) Ltd.

Court : Supreme Court of India

Decided on : Aug-17-1990

Subject : Customs

Acts : Customs Act, 1962 - Sections 129

Reported in : AIR1991SC696; (1990)87CTR(SC)180; 1990(30)LC305(SC); 1990(49)ELT322(SC); [1990]186ITR722(SC); JT1990(3)SC510; 1990(2)SCALE283; (1990)4SCC453; [1990]3SCR789; [1991]80STC263

above.4. Mr. V. Gauri Shanker, appearing for the appellant Union of India, submits that Section 129-C of the Customs Act, 1962 contains express provisions enabling the President of the Tribunal to constitute larger Benches to resolve conflicts in opinion … referred to President on question of referring it to larger Bench for decision. - INDIAN PENAL CODE, 1890 Sections 300,149 & 307: [Dr. Arijit Pasayat & Asok Kumar Ganguly,JJ] Murder -Unlawful assembly -Common object -Incident taking place

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Mar 23 2010

Spacewood Furnishers Pvt. Ltd. Vs. Designated Authority and ors.

Court : Mumbai

Decided on : Mar-23-2010

Subject : Customs

Acts : Customs Tariff Act, 1975 - Section 9C; ;Customs Tariff Act, 1985; ;Customs Act, 1962 - Section 129 and 129(5); ;Administrative Tribunal's Act; ;Constitution (42nd Amendment) Act, 1976; ;Customs Tariff (Identification, Assessment and Collection of Antidumpting Duty on Dumped Articles and Determination of Injury) Rules, 1995; ;Constitution of India - Articles 14, 226, 323A, 323B, 323B(1), 323B(2), 323B(3) and 342(3B)

Reported in : (2010)112BOMLR2045,2010(176)LC1(Bombay)

Customs, Excise and Gold (Control) Appellate Tribunal) in exercise of the powers conferred by Section 129(5) of the Customs Act, 1962 delegated his power and functions qua President in his absence, whether on leave or otherwise to the Senior … respondent No. 3 raised a preliminary objection to the maintainability of the petition contending that alternate remedy under Section 9-C of the Customs Tariff Act, 1975 (as amended)is available to the petitioners against the final notification imposing

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Apr 19 2006

Silicon Graphics System (India) Private Limited Vs. Union of India (Uo ...

Court : Mumbai

Decided on : Apr-19-2006

Subject : Customs

Acts : Constitution of India - Article 226; Customs Act, 1962 - Sections 129

Reported in : 2006(204)ELT247(Bom)

Constitution of India should be invoked despite availability of statutory remedy of appeal under Section 129 of the Customs Act, 1962.6. Bereft of unnecessary details, suffice it to observe that intelligence was gathered that the petitioner imported advanced computers … The Commissioner further imposed penalty of Rs. 2,99,91,236/-.5. That the order-in-original dated 28th December, 2005 is appellable under Section 129 is not in question. Ordinarily, we would have relegated the petitioner to pursue the statutory remedy of

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Jul 10 1979

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

Court : Rajasthan

Decided on : Jul-10-1979

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), … Government dues before the 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,

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Mar 23 2009

Indian National Shipowners' Association, a Company having Its register ...

Court : Mumbai

Decided on : Mar-23-2009

Subject : Service Tax

Acts : Companies Act, 1956 - Sections 25; Central Excise Act, 1944 - Sections 378; Finance Act, 1994 - Sections 65, 65(105), 65A, 65A(2), 66, 68(1) and 83; Finance Act, 2007; Finance Act, 2008; Indian Income Tax Act, 1922 - Sections 2(9) and 3; Income Tax Act, 1961 - Sections 2(31); Customs Act, 1962 - Sections 129(3), 129C and 129D; Service Tax Rules, 1994; Constitution of India - Articles 246, 276 and 276(1)

Reported in : 2009(5)BomCR369; 2009(111)BomLR1529; (2009)224CTR(Bom)197; [2009]17STJ255; 2009[14]STR289; [2009]19STT408; (2009)22VST293(Bom)

of customs or to the value of gods for purposes of assessment' found in Section 129(3) of the Customs Act, 1962. This provision requires that appeal against the decision relating to the above questions must be heard by a … in the aforestated terms. Service Tax - Demand on Marine Logistic Services - Interpretation of earlier entry - Sections 65(105), 66 of the Finance Act,1994 - Section 129(3), 129C and 129D of Customs Act, 1962 - Service

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Feb 21 1995

Bharat Chemical Works and ors. Vs. Gujarat State Financial Corporation

Court : Gujarat

Decided on : Feb-21-1995

Subject : Commercial

Acts : Constitution of India - Articles 226 and 227; State Financial Corporation Act, 1951 - Sections 31; Code of Civil Procedure (CPC), 1908 - Sections 115; Customs Act, 1962 - Sections 129

Reported in : AIR1996Guj5; (1996)1GLR147

of Customs and Central Excise that the petitioner was having an alternative remedy under Section 129 of the Customs Act, 1962, the Court held that existence of remedy of way of revision does not bar jurisdiction of the High … follows: The Gujarat State Financial Corporation (hereinafter referred to as 'GSFC') applied to the District Judge, Vadodara under Section 31 of the State Financial Corporation Act, 1951 (for short 'the Act of 1951') for recovery of Rs.

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Aug 19 1975

Deechand Sarda Vs. Union of India (Uoi)

Court : Guwahati

Decided on : Aug-19-1975

Subject : Customs

Acts : Customs Act, 1962 - Sections 112, 125(1), 128, 129 and 129(1); Customs (Amendment) Act, 1969 - Sections 111(P); Assam Sales Tax Act, 1947 - Sections 30(1); Assam Finance (Sales Tax) Act, 1956 - Sections 19(1); Constitution of India - Article 226

penalty levied and if entertainable whether the appeal may be heard without deposit of the penalty levied ?4. Sections 128 and 129 of the Customs Act, 1962 are quoted below :-* * * *5. It appears that … of Customs and the order dated 7-12-1972 passed by the Government of India in revision application under the Customs Act, 1962.2, The petitioner is a cloth Merchant having his business under the name and style of 'M/s, Sardar &

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