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Jan 20 2006

Commissioner of Customs Vs. United Telecom Ltd.

Court : Karnataka

Decided on : Jan-20-2006

Subject : Customs

Acts : Customs Act, 1962 - Sections 129 and 129E; Central Excise Act, 1944 - Sections 35B; Finance Act, 1994; Constitution of India - Articles 226 and 227; Interpretation Rules - Rule 2

an appeal before the tribunal can be found in terms of Section 129E of the Customs Act, 1962 and the corresponding provisions under the other … statutory tribunal which normally functions as a second appellate authority under the provisions of Section 129 of the Customs Act, 1962, under Section 35B of the Central Excise Act, 1944 as also under the provisions of the Finance Act, … short, Tribunal), is a statutory tribunal which normally functions as a second appellate authority under the provisions of Section 129 of the Customs Act, 1962, under Section 35B of the Central Excise Act, 1944 as also under

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Feb 19 1990

Swati Chemicals Vs. Collector of Customs

Court : Mumbai

Decided on : Feb-19-1990

Subject : Customs

Acts : Central Excise Act; Customs Act, 1962 - Sections 129E; Customs Rules, 1962 - Rule 8(1)

Reported in : 1990(50)ELT342(Bom)

order, failing which the appeal was liable to be dismissed under the provisions of Section 129E of the Customs Act, 1962. The Petitioners have impugned the order dated 20-2-1985 passed by the Assistant Collector of Customs as also the … Notification No. 218/84-Cus., was dated 10-8-1984, the same was included in the Extraordinary Gazette of India, Part II, Section 3, sub-section (i) dated 10-8-1984. A copy of the said Gazette of India was given for publication only

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Aug 03 1987

M.C. Goel Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Aug-03-1987

Subject : ExciseCustoms

Acts : Customs Act, 1962 - Sections 129E

Reported in : 1988(15)LC356(Allahabad); 1988(35)ELT449(All)

which penalty to the tune of Rs. 5,00,000/- has been imposed upon him. Under Section 129E of the Customs Act, 1962 when any appeal relates to any Duty demanded or any penalty levied under the Act, the person desirous … Delhi an order by which penalty to the tune of Rs. 5,00,000/- has been imposed upon him. Under Section 129E of the Customs Act, 1962 when any appeal relates to any Duty demanded or any penalty levied

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Sep 18 2007

Bhavya Apparels Private Limited and anr. Vs. Union of India (Uoi) and ...

Court : Supreme Court of India

Decided on : Sep-18-2007

Subject : Customs

Acts : Customs Act, 1962 - Sections 17(2), 128A, 129, 129A, 129A(6), 129B, 129B(2) and 129E; Constitution of India - Article 14

Reported in : 2007(121)ECC385; 2007(147)LC385(SC); 2007(216)ELT347(SC); JT2007(11)SC253; 2007(11)SCALE218; (2007)10SCC129

S.B. Sinha, J.1. Leave granted.2. Interpretation of the provisions of Section 129E of the Customs Act, 1962 (for short 'the Act') is in question in this appeal which arises out of a judgment and order … S.B. Sinha, J.1. Leave granted.2. Interpretation of the provisions of Section 129E of the Customs Act, 1962 (for short 'the Act') is in question in this appeal which arises

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Dec 11 2007

indu Nissan Oxo Chemicals Ind. Ltd. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Dec-11-2007

Subject : Customs

Acts : Customs Act, 1962 - Sections 112 and 129E; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22; Central Excise Tax Act, 1944 - Sections 35F; Customs Excise Act, 1944

Reported in : 2008(221)ELT7(SC); 2007(14)SCALE150; 2007(8)Supreme451; 2008AI6RSCW151; 2008(4)KCCRSN245

appropriate to direct the applicants to terms of pre-deposit requirement to be effected under Section 129E of the Customs Act, 1962. We would, therefore, direct the applicants to deposit Rs. 2,00,00,000/- (rupees two crores only) and report compliance thereof … accordingly with no order as to costs. Customs - Pre-deposit - Waiver - Plea of Financial hardship - Sections 112(a), 129E of the Customs Act, 1962 - Dispute related to classification of products imported by the Appellant

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Mar 04 1988

HussaIn Haji Harun Alias HusseIn Kabiju Vs. Union of India and ors.

Court : Gujarat

Decided on : Mar-04-1988

Subject : Customs

Acts : Customs Act, 1962 - Sections 129E; Appellate Tribunal Procedure Rules, 1982 - Rule 20; Constitution of India - Article 226

Reported in : AIR1988Guj218; [1989]66CompCas430(Guj); 1995(77)ELT803(Guj)

of the case. There will be no order as to costs. 10. Order accordingly. Customs - appeal - Section 129E of Customs Act, 1962, Rule 20 of Appellate Tribunal Procedure Rules, 1982 and Article 226 of Constitution … goods of foreign origin totally valued at Rs. 17,32,000/ should not be confiscated under the provisions of the Customs Act, 1962. The concerned persons were also asked to show cause as to why the vessel MSV PIRANI MNV 192

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Feb 01 1999

Hcl Office Automation and ors. Vs. Commissioner of Customs and ors.

Court : Kolkata

Decided on : Feb-01-1999

Subject : Customs

Acts : Constitution of India, 1950 - Articles 14, 19, 21 and 226;; Customs Act, 1962 - Sections 112 and 129E;; Companies Act, 1956

Reported in : (1999)1CALLT469(HC),1999(66)ECC608,1999(113)ELT395(Cal)

enhanced the value of the goods but also Imposed the penalty of Rs.3,50,00,000/- under section 112(a) of the Customs Act 1962. Against that order petitioner preferred the appeal before the Customs Excise & Gold (Control) Appellate Tribunal, Calcutla and … he not only further enhanced the value of the goods but also Imposed the penalty of Rs.3,50,00,000/- under section 112(a) of the Customs Act 1962. Against that order petitioner preferred the appeal before the Customs Excise & … also prayed that the condition of pre deposit as required under section 129E be waived. By the Impugned order dated 8th November 1994 the Tribunal

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Nov 22 2002

Shri B.L. Dhaluka, Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Nov-22-2002

Subject : Customs

Acts : Customs Act, 1962 - Sections 112, 113, 114, 129E and 140; ;Central Excise Act, 1944 - Sections 35F

Reported in : 2003(154)ELT59(Del)

Customs, Excise and Gold (Control) Appellate Tribunal ('the Tribunal' for short), New Delhi, under Section 129E of the Customs Act, 1962 (for short the Act), on applications filed by the petitioners seeking waiver of pre-deposits as a condition precedent … is made absolute. There will, however, be no order as to costs. Customs - stay penalty imposed - Sections 112, 113, 114, 129E and 140 of Customs Act, 1962 and Section 35F of Central Excise Act, 1944

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Nov 12 2007

Union of India (Uoi) and anr. Vs. Adani Exports Ltd. and anr.

Court : Supreme Court of India

Decided on : Nov-12-2007

Subject : FEMACustoms

Acts : Customs Act 1962 - Sections 129E; Foreign Exchange Management Act, 1999 - Sections 49(3) and 49(4); Foreign Exchange Regulation Act, 1973 - Sections 50

Reported in : 2007(123)ECC5; 2007(149)LC5(SC); 2007(218)ELT164(SC); 2007(13)SCALE4; [2007]80SCL250(SC); 2009[13]STR81; 2007AIRSCW7134

facts in a nutshell are as follows:On the basis of the alleged violation of certain provisions of the Customs Act 1962 (in short the 'Act') notices were issued to certain noticees including the present respondents primarily on the ground … safeguard the interest of revenue. This is an imperative requirement under Section 129E of the Act. Normally, therefore, we would have asked the respondent assessee … The adjudicating authority found the noticees guilty of the charges and in terms of the powers conferred under Section 50 of the Regulation Act read with Section 49(3) and 49(4) of the Management Act imposed the following

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Sep 14 1993

integrated Exports Vs. Cegat

Court : Chennai

Decided on : Sep-14-1993

Subject : Customs

Reported in : 1993(68)ELT565(Mad)

whether the order passed by the 1st respondent in exercise of its power under Section 129E of the Customs Act, 1962, has to be stayed or not. 2. The 1st respondent has passed a common order dated 16-4-1993 directing … Writ Miscellaneous Petitions is, whether the order passed by the 1st respondent in exercise of its power under Section 129E of the Customs Act, 1962, has to be stayed or not. 2. The 1st respondent has passed

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