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M.L. Balaram, Proprietor, Vishnu Exports International Vs. Union of In ...
Karnataka
Jun-09-2006
Customs
Foreign Exchange Regulation Act, 1973 - Sections 18(2), 18(3), 50, 51 and 52; ;Customs Act, 1962 - Sections 75 and 75(1); Foreign Exchange Management Act, 1999; ;Customs and Central Excise Duty Drawback (Amendment) Rules, 1995 - Rules 16A and 17; ;Customs and Central Excise Duties Drawback Rules 1971; Foreign Exchange Rules, 1974 - Rule-8; Customs and Central Excise Duties Drawback Act - Sections 17
2006(200)ELT12(Kar); [2006]70SCL8(Kar)
60 days from the date of the order in terms of Rule-16-A of the Customs & Central Excise Duty Drawback Rules-1995. Six separate orders are passed, as the petitioner was paid drawback amounts under six independent shipment bills.Challenging
Tag this Judgment! AI Brief & AskCollector of Customs, Calcutta Vs. Sun Industries
Supreme Court of India
Apr-11-1988
Customs
Customs Act, 1962 - Sections 2(18), 35, 51, 75, 75(1), 82, 130E and 131; Customs and Central Excise Duties Drawback Rules, 1971 - Rule 2
(1988)2CompLJ194(SC); 1988(17)ECC69; 1988(35)ELT241(SC); JT1988(2)SC131; 1988(1)SCALE758; 1988Supp(1)SCC342; [1988]3SCR500; [1988]71STC149(SC)
and, in particular, such rules may provide :(a) for the payment of drawback equal to the amount of duty actually paid' on the imported materials used in the manufacture of the goods or as is specified in … 75 of the Act read with Section 2(18) and Rule 2(c) of the Customs and Central Excise Duties Drawback Rules, 1971. Being dissatisfied the respondent appealed to the Appellate Collector of Customs, Calcutta. By the order dated 12th
Tag this Judgment! AI Brief & AskMadura Coats Ltd. Vs. Government of India and ors.
Chennai
Sep-30-1982
Customs
Customs Act, 1962 - Sections 75, 75(1), 75(2) and 130; Central Excise Act, 1944 - Sections 7
1983LC481D(Madras); 1986(23)ELT63(Mad); (1983)IIMLJ123
manufacture in bond or change in manufacturing formulae or any other alteration leading to a change in the duty incidence as per the data furnished by you, you should immediately furnish fresh data for reveiw of rate … mandamus cannot be issued in this case. After reading rule 15 of the Customs and Central Excise Duties Drawback Rules, 1971, Mr. K. N. Balasubramanian submits that the claim made by the petitioner is misconceived and that the
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Surinder Singh Vs. Union of India (Uoi) and ors.
Delhi
Nov-18-2006
Customs
Customs Act, 1962 - Sections 27, 27A, 28AA, 75, 75A, 129DD, 142 and 142(1); Central Excise Act, 1944 - Sections 11BB and 37; Customs (Amendment) Act, 1975 - Sections 51, 75, 75(1), 75(2) and 82; Foreign Exchange Management Act, 1999; Finance Act, 1991; Income Tax Act, 1961 - Sections 244 and 244A; Customs and Central Excise Duties Drawback Rules, 1995 - Rule 16A; Customs and Central Excise Duties Drawback Rules, 1971 - Rules 2 and 14; Constitution of India - Article 226
2006(113)ECC358; 2006LC358(Delhi); 2006(204)ELT534(Del)
entirely without jurisdiction. Also, it was contended that since the Customs and Central Excise Duties Drawback Rules, 1995 ('Duty Drawback Rules 1995') were not retrospective, the demand for refund of the duty drawback made in exercise of Rule 16 … the Commissioner of Custom (Appeals) by an order dated 21.9.1998. The petitioner's contention that Rule 16A of the Duty Drawback Rules 1995 was not retrospective was rejected. It was further held that 'Rule 16A has to be harmoniously construed
Tag this Judgment! AI Brief & AskWipro Infotech Limited Vs. Union of India (Uoi)
Karnataka
Jan-17-2001
Customs
Constitution of India - Article 226; Customs and Central Excise Duties Drawback Rules, 1971 - Rules 6, 6(1) and 15
2001(75)ECC498; 2001(130)ELT27(Kar)
by the Central Government to consider his case accordingly under Rule 15 of the Customs and Central Excise Duty Drawback Rules, 1971, is a right of an exporter in such cases where the conditions to be satisfied under Rule … by the Central Government to consider his case accordingly under Rule 15 of the Customs and Central Excise Duty Drawback Rules, 1971, is a right of an exporter in such cases where the conditions to be satisfied under Rule
Tag this Judgment! AI Brief & AskAssistant Collector of Cus. and C. Ex. Vs. Metal Fabricks (India) Ltd.
Punjab and Haryana
May-09-1991
CriminalCustoms
Customs Act, 1962 - Sections 132; Indian Penal Code (IPC) - Sections 420; Customs and Central Excise Duties Drawback Rules, 1971 - Rules 9 and 14
1992(37)ECC74; 1992(57)ELT27(P& H)
the raw material to be much higher than actually consumed. The firm was entitled to claim drawback of duty at the rate of Rs. 290.18 per thousand cans instead of Rs. 799.77 per thousand oil cans. The … authorised to carry on the necessary checking and verification. Rule 9 of the Customs and Central Excise Duties Drawback Rules provided that only an Officer of the Central Government specially authorised by an Assistant Collector of Customs or
Tag this Judgment! AI Brief & AskRajindra Dyeing and Printing Mills Vs. Union of India
Gujarat
May-08-1992
Customs
Customs Act, 1962 - Sections 2(18), 2(19), 2(27), 12, 14 and 51; Customs and Central Excise Duties Drawback Rules, 1971 - Rule 2
1993(67)ELT217(Guj)
respondents to grant drawback of duty to which it became entitled under the Customs and Central Excise Duties Drawback Rules, 1971 (hereinafter referred to as 'the Drawback Rules'). 3. The learned Counsel for the petitioner contended that the
Tag this Judgment! AI Brief & AskM/S. Wipro Information Technology Limited, Bangalore Vs. the Under Sec ...
Karnataka
Feb-10-1998
Customs
Customs and Central Excise Duties Drawback Rules, 1971 - Rules 6, 7 and15; Customs Act, 1962; Constitution of India - Articles 226 and 227
1998(61)ECC482; 1998(102)ELT547(Kar); ILR1998KAR2136; 1998(4)KarLJ562
1989 and the petitioner relying upon the Transhipment Certificate, had lodged an application for fixation of rate of duty drawback on 28th of June, 1989; however, subsequently, it was discovered by the petitioner that the goods exported by … dispose of the application filed by the petitioner under Rule 15 of the Customs and Central Excise Duties Drawback Rules, 1971 (hereinafter referred to as 'the Rules').2. A few facts that may be relevant for the disposal of
Tag this Judgment! AI Brief & AskCommissioner of Customs Vs. Terai Overseas Ltd.
Kolkata
Oct-01-2002
Customs
Customs and Central Excise Duties Drawback Rules, 1995 - Rules 2 and 13(2); ;Customs Act, 1962 - Section 75
2003LC560(Calcutta),2003(156)ELT841(Cal)
certificate was subsequently cancelled by the Insurance Company and as such, the provisions of Customs and Central Excise Duty Drawback Rules, 1995 have been contravened and it was proposed to reject the claim of TOL for Drawback on the
Tag this Judgment! AI Brief & AskAssociated Autotex Ancillaries Private Limited, Rep. by Its Managing D ...
Chennai
Jan-22-2007
CustomsExcise
Customs Act; Customs and Central Excise Duty Drawback Rules, 1995 - Rule 6
2007(117)ECC24; 2007LC24(Madras)
for fixing of brand rates for the bobbin holders under Rule 6 of the Customs and Central Excise Duty Drawback Rules, 1995. The second respondent rejected the application stating that three out of four shipping bills were time barred … - Application for - Shipping bills - Period of Limitation - Rule 6 of Customs and Central Excise Duty Drawback Rules, 1995 - Petitioner-company imported raw materials under DEPB scheme - Basic, additional and special additional Customs Duty paid
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