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Dec 19 2009

Gkn Sinter Metals Private Limited (Formerly Known as Gkn Sinter Metals ...

Court : Mumbai

Decided on : Dec-19-2009

Subject : Customs

Acts : Customs Act, 1962 - Sections 142; Contempt of Courts Act, 1971 - Sections 2; Customs (Attachment of Property of Defaulters for recovery of Government dues) Rules, 1995

respondents is that the customs duty has been coercively collected under Section 142 of the Customs Act, 1962 read with the provisions of the Customs … and the same are pending. However, the above contentions were rejected and adjudication orders were passed under the Customs Act, 1962.5. Challenging the aforesaid adjudication orders, the petitioner filed appeals before the Commissioner (Appeals) who by his orders dated … of the law laid down by the High Court and would amount to civil contempt as defined in Section 2(b) of the Contempt of Courts Act, 1971.12. In the present case, it is not in dispute that

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Apr 28 2006

Swam Mills Ltd., a Company Incorporated Under the Companies Act, 1956 ...

Court : Mumbai

Decided on : Apr-28-2006

Subject : Excise

Acts : Finance Act, 1998 - Sections 89; Central Excise Act, 1944 - Sections 11AA; Customs Act, 1962 - Sections 142; Income Tax Act - Sections 246, 245D(4), 260A and 264; Wealth Tax Act - Sections 22D(4); Foreign Exchange Regulation Act, 1973; Narcotic Drugs and Psychotropic Substances Act, 1985; ;Terrorists and Disruptive Activities (Prevention) Act, 1987; ;Prevention of Corruption Act, 1988; Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 8, 9, 9(2), 9(3) 12A and 12A(6); ;Special Court (Trial of Offences Relating to Transaction in Securities) Act, 1992 - Sections 3(2); ;Kar Vivad Samadhan Scheme, 1998 - Sections 87, 90, 92 and 95; ;Constitution of India - Article 226; ;Indian Penal Code (IPC), 1860

11,58,647/-failing which they were informed that recovery of Government dues shall be made under Section 142 of the Customs Act, 1962. 13. Despite repeated letters when the petitioners failed to pay interest amount of Rs. 11,58,647/-, the Superintendent of … Authority. The scheme was operative from 1st September, 1998 to 31st January, 1999. The petitioners filed declaration under Section 89 of the Finance Act, 1998 before the Commissioner of Central Excise on 31st December, 1998. 4. The

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Jul 26 2007

Swan Mills Ltd. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Jul-26-2007

Subject : Excise

Acts : Finance (No. 2) Act, 1998 - Sections 89; Central Excise Act, 1944 - Sections 11AA; Customs Act, 1962 - Sections 142; Income Tax Act - Sections 87, 90, 92, 246, 260A and 264; Wealth Tax Act

Reported in : (2007)211CTR(SC)78; 2007(120)ECC140; 2007LC140(SC); 2007(214)ELT322(SC); JT2007(9)SC415; (2007)7SCC29; 2007(2)LC0907(SC)

failing which it was informed that recovery of Government dues shall be made under Section 142 of the Customs Act, 1962.11. Despite repeated letters when the appellant failed to pay interest amount of Rs.11,58,647/-, the Superintendent of Central Excise … Authority. The scheme was operative from 1st September, 1998 to 31st January, 1999. The appellant filed declaration under Section 89 of the Finance Act, 1998 before the Commissioner of Central Excise on 31st December, 1998.The aforesaid declaration

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Sep 03 2004

Sri Vishnupriya Industries Ltd. (In Liqn.), Rep. by Official Liquidato ...

Court : Andhra Pradesh

Decided on : Sep-03-2004

Subject : Customs

Acts : Customs Act, 1962 - Sections 59(2), 72, 72(1), 72(2), 142 and 142(1); Companies Act, 1956 - Sections 456(1); Customs (Attachment of Property of Defaulters for Recovery of Government Dues) Rules, 1995 - Rules 9 and 10

Reported in : 2005(1)ALT470; 2005(184)ELT227(AP); [2005]60SCL311(AP)

Customs Bonded Warehouse licence bearing No. 1/98 to the company under the provisions of Section 9 of the Customs Act, 1962 (hereinafter referred to as 'the Customs Act'). During 1998-99, the company imported machinery and other components, packed in … of powers Under Section 72(2) of the Customs Act read with Section 142 thereof, passed detention order on 19-12-2000 for sale of 81 warehoused wooden … IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATIONS ACT, 1978 [Act No. 3/1978]. Sections 9 & 2(21): Jurisdiction of School Tribunal Whether a School run by Cantonment Board is not a recognised

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Nov 05 2004

Hdfc Bank Ltd. Vs. Commissioner of Customs

Court : Gujarat

Decided on : Nov-05-2004

Subject : Customs

Acts : Constitution of India - Article 226; Customs Act, 1962 - Sections 127B, 142, 142(1) and 142(2)

Reported in : 2005(100)ECC533

from the receipt of the said letter failing which the respondent authorities would take action for recovery under Section 142 of the Customs Act, 1962. In response to the said letter, the petitioner No. 1 gave reply … under Article 226 of the Constitution of India, interalia, challenging the action of the respondent authorities under the Customs Act, 1962 in wrongfully and illegally calling upon the petitioner No. 1 to make payment under four Bank Guarantees which

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Aug 17 2005

Mr. Sunil Parmeshwar Mittal S/O. Parmeshwar Mittal Vs. Deputy Commissi ...

Court : Mumbai

Decided on : Aug-17-2005

Subject : ExciseCompany

Acts : Central Excise Act, 1944 - Sections 3, 4, 4(3), 9AA, 11A and 12; Customs (Attachment of Property of Defaulters for Recovery of Government Dues) Rules, 1995 - Rules 2 and 3; Companies Act, 1956; Customs Act, 1962 - Sections 105(1), 110, 115, 118(1), 119, 120, 121 and 124, 142(1) and 150(1) and 156; Central Excise Tariff Act, 1985

Reported in : 2005(6)BomCR778; 2005(188)ELT268(Bom); 2005(4)MhLj837

Duties-The Central Government may, by notification in the Official Gazettee, declare that any of the provisions of the Customs Act, 1962 (52 of 1962) relating to the levy of and exemption from customs duties, drawback of duty, warehousing, offences … the Excise Act, the Central Government has, by Notification issued in the official Gazettee, applied the provisions of Sections 142 & 156 of the Customs Act relating to the levy of and exemptions from duty, drawback of duty,

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Dec 20 2006

Uti Bank Ltd. Vs. the Dy. Commissioner of Central Excise, Chennai Ii D ...

Court : Chennai

Decided on : Dec-20-2006

Subject : Banking

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13, 13(7) and 31; Central Excise Act, 1944 - Sections 3, 11, 11D and 12; Customs Act, 1962 - Sections 28B, 28B(1) and 142; Transfer of Property Act, 1882 - Sections 58, 69, 69A, 69A(2), 69A(4) and 100; Central Boards of Revenue Act, 1963; Karnataka Sales Tax Act, 1957 - Sections 13, 13(1), 13(3), 15 and 15(2A); Karnataka Land Revenue Act, 1964 - Sections 158 and 190; Companies Act - Sections 529A; Madhya Pradesh General Sales Tax Act, 1958 - Sections 33C; Rajasthan Sales Tax Act, 1954 - Sections 11AAAA; Rajasthan Sales Tax (Amendment) Act, 1989; Tamil Nadu Agricultural Income Tax Act; Code of Civil Procedure (CPC) - Sections 73(2) and 73(3) - Order 34, Rule 4; Central

Reported in : 2007(115)ECC323; 2007LC323(Madras); [2007(2)JCR13(Mad)]; 2007[6]STR82; AIR2007Mad118(FB); 2007(1)LW50

viz., Plot No. 55, whether the same can be set at naught by way of Section 142(c) of Customs Act, 1962. It is the contention of the petitioner Bank that the SARFAESI Act is a special enactment and the … certain provisions contained in Chapter XIV of Karnataka Land Revenue Act, 1964 as also the provisions contained in Sections 13 and 15 of Karnataka Sales Tax Act, 1957 for holding that the arrears of Sales Tax would

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Feb 06 2008

The Assistant Commissioner of Central Excise and Customs, Hubli Divisi ...

Court : Karnataka

Decided on : Feb-06-2008

Subject : Excise

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 103; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 35; Karnataka Co-operative Societies Act, 1951 - Sections 71; Central Excise Act, 1944 - Sections 11, 11D and 12; Customs Act, 1962 - Sections 3, 28D, 31 and 142; Banking Regulation Act, 1949 - Sections 35; Central Boards of Revenue Act, 1963; Transfer of Property Act, 1882 - Sections 69 and 69A; Karnataka Sales Tax Act, 1957; Karnataka Land Revenue Act, 1964 - Sections 150, 158 and 190; Central Excise Rules

Reported in : AIR2008Kant70; 2008(126)ECC112; 2008(152)LC112(Karnataka); 2008(226)ELT325(Kar); ILR2008KAR2598; 2008(5)KarLJ81; 2008[12]STR671; [2009]19STT467

that by virtue of Section 11 of the Central Excise Act, 1944 read with Section 142 of the Customs Act, 1962, the petitioner-department is empowered to recover excise duty by way of attachment and sale of immoveable properties. It … order pursuant to an Award by the Joint Registrar of Co-operative Societies as an Arbitrator in terms of Section 103 of the Karnataka Co-operative Societies Act, 1959. While other properties have been taken possession of by the

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Dec 16 1985

Kwality Dyes and Chemicals Vs. Collector of Central Excise and Customs ...

Court : Chennai

Decided on : Dec-16-1985

Subject : Customs

Acts : Central Excises Act, 1944; ;Customs Act, 1962 - Sections 105, 110, 118, 119, 120, 121, 124, 129 and 142(2); Central Excise Rules, 1944 - Rules 2, 37, 49, 52, 53, 173G, 173Q, 200, 201 and 226

Reported in : 1986(24)ELT238(Mad)

118, Sections 119, 120, 121, 124, 129 and clause (b) of Sub-section (1) of Section 142 of the Customs Act, 1962 (52 of 1962) relating to matters specified therein, shall be applicable in regard to like matters in respect

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Apr 01 1999

Apollo Seafoods Vs. Union of India and Others

Court : Mumbai

Decided on : Apr-01-1999

Subject : Customs

Acts : Customs Act, 1962 - Sections 14 and 142

Reported in : 1999(3)BomCR729; 2000(2)MhLj70

able to take action for the recovery of customs duty or other duty under section 142 of the Customs Act, 1962 after the Licensing Authority finds that the licence holder has failed to discharge the export obligation. In support … though they may be able to take action for the recovery of customs duty or other duty under section 142 of the Customs Act, 1962 after the Licensing Authority finds that the licence holder has failed to

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