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Harbanslal Dawar Vs. Commissioner of Cus. (Prev.)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2002)LC934Tri(Mum.)bai

..... the only reason he advances for saying that these components did form part of the music systems that were seized is that the value of the printed circuit boards shown in the bills of entry is much lower than the value of the boards form part of these seized music system. ..... the commissioner rejects the bills of entry as evidence on the ground that the printed circuits are far lower in value than the price of printed circuits used in the manufacture of the seized goods.for determining the value of the latter, he relies upon the opinion of, whom he calls an expert, an employee of dhanraj service centre, ahmedabad. ..... the value declared of the printed circuit boards in the bills of entry which the appellant has cited as evidence of their importation is much lower than the value of the printed circuit boards found in the appliances, as estimated by dhanraj service centre, ahmedabad, the authorised service centre of aiwa. ..... dawar gave details of the bills of entry showing import of various printed circuit board, tape mechanism, speakers, plastic moulded components. ..... his statement that the printed circuit board imported by the appellant therefore could not have been used in the manufacture of these components is therefore insufficient to reject the appellant's claim. .....

Kobian Ecs India Pvt. Ltd. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... 86 of depb schedule reads as under:- (d) according to the customs, the description "pc boards" will cover only bare or unpopulated printed circuit boards and will not cover populated printed circuit boards and in the proceeding the commissioner imposed penalty under section 113(d) and 113(i) of the customs act, 1962 for alleged mis-declaration of the goods in the shipping bills. ..... infact the declaration made on the shipping bill, as seen from para 1 of the impugned order was 'printed circuit board double sided (agp card tnt1/m84)'; which would indicate that the 'card nature' with technical specification was indeed declared. ..... the item being exported was not a pc board as claimed, but was a populated printed circuit board containing various components and was infact a fully assembled component of computer system. ..... 321 it could be held that both kinds of circuit boards i.e. ..... printed circuit board on which components such as transistors, resistors are mounted. ..... this agp card is nothing but populated printed circuit board i.e. .....

Daga Enterprises and ors. Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 1989(1)BomCR467; (1989)91BOMLR840

..... i was also stipulated and it was so represented by the petitioners-accused that every contract of exhibition or exploitation of the said firm in any theatre in the said eastern circuit would be done after obtaining the complainant's permission in writing and further the said firm was not entitled to screen the said film on fixed hire in 'a' class and 'b' class centres without the complainant-company ..... the two partners represented that the firm was entitled to spend a certain amount towards the publicity of the film in that circuit for which they represented that before hand a budget of publicity expenses would be formulated and submitted for the approval of the complaint's company and it is only after getting the said approval that the ..... said two accused had undertaken to submit a complete list of all stations in the said eastern circuit with classifications where the said firm would be run on fixed hire basis. ..... colour for commercial exhibition only in eastern circuit which was on the minimum royalty amount. ..... a prima facie case has been made out then in normal course the proceeding should continue and ultimately culminate in the final decision on merits one way or the other which can hardly be short-circuited in the mid-stream. ..... done at least ex-facie this proceeding cannot get the label of a civil dispute resulting into merely a breach of agreement but it tends to go much beyond the same and obviously therefore the complaint cannot be short circuited as suggested by the accused. .....

Commissioner of Customs Vs. M.J. Exports

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1998)(104)ELT646Tri(Mum.)bai

..... box contains 50 mcbs of total rating 1250 ampares (25a x 50) and the enclosure in which these are placed to the best of our knowledge, is not capable of taking the short circuit load, the collector agrees that technically speaking it was absolutely correct that the full load was passed through all the mcb on the system there would be considerable heat generated. ..... nor from gigantic electrical operation unless, a positive negative circuit is generated in machine cannot work more so an electrical circuit breaker.therefore the action of having said to be exported certain items which are incomplete itself does not merit export.6. ..... as there is no processing manufacturing done on the main exponent of circuit breakers to make a distribution panel as a export product in eddc scheme. ..... she also stated by reading the advance licence would thus show that the exported goods would be distribution panel with 15 number miniature circuit brakers k-32n. ..... how there can be input output if wires there.without this an input out how can any circuit be made. .....

Didanwala Abbas Akbarally Vs. Commissioner of Cus. (Prev.)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... as such, it cannot be said that the appellant's declared, only batteries and not circuit boards, when the invoice was admitted presented before the customs officers. ..... vide his impugned order, the commissioner of customs has enhanced the declaration value of mobile batteries and mobile circuit boards from rs. ..... the invoice produced shows the value of batteries as also the circuit boards. ..... advocate, appearing for the appellant submits that there was only one invoice for the batteries as also for the circuit boards. ..... however, the officers entertained a view that the appellants had only declared mobile batteries and have not made any declaration about the mobile circuit boards. ..... of mobile circuit boards. .....

Arbaaz Khan Production Private Limited Vs. Northstar Entertainment Pri ...

Court : Mumbai

..... it is no different from citing the decision of one of our district judges, had we a system of reporting those (the tests for an ad-interim or an interim injunction applied in the jurisdiction of the ninth circuit in the united state are quite different from the tests that we apply here. ..... i can even understand the citing of decisions of the us courts of appeals for the numbered circuits and the federal circuit, and of opinions of the state supreme courts; we sometimes refer to those, too. ..... he does refer, too, to the 1942 decision of the us fourth circuit court of appeals in lone ranger, inc v cox, (124 f.2d 650)for much the same proposition. 16. ..... goodis et al v united artists television, of the us second circuit court of appeals (425 f.2d 397).this pertained to the television series the fugitive based on copyright-protected material in work called dark passage . ..... saraf then cites warner bros pictures inc v columbia broadcasting system inc of the us ninth circuit court of appeals. .....

Polestar Electronics Pvt. Ltd. Vs. Collector of Customs (Airport)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1988)(33)ELT373Tri(Mum.)bai

..... the collector of customs, airport, who held the enquiry, stated in his order that on inspection of the sample he found that there are four printed circuit boards and one of them has several mounted electronic components and others have connectors and the whole system has been connected through wires. ..... the collector nowhere recorded a finding that the tape deck mechanism will not have printed circuit boards or even if they have, they would not be found in the manner they are found in the sample.10. ..... according to the finding of the collector the sample inspected by him contained 4 printed circuit boards and one of them had several mounted electronic components and others have connectors and the whole system has been connected through wires. ..... the collector has also found out of the four circuits boards three have, connectors and one only has electronic components. ..... shri prabhu, appearing for the collector, submitted that electronic circuits are different from connecting boards. ..... board with the connector as called electronic circuit is only rs. 10/-. .....

Commr. of Central Excise, Vs. M/S Asea Brown Boveri Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2001)(138)ELT1110Tri(Mum.)bai

..... commissioner (appeals) upheld a part of the demand holding that commissioning spares and earthing truck had been removed without producing ct3 certificate and set aside the other part of the demand holding that circuit breakers which were later supplied were actually covered under ct3 certificates.2. ..... the second show cause notice was on the ground that in ct3 certificate there is no mention of "indoor panel with circuit breaker" although this description occurred win the classification list. ..... it appeared that the appellant commissioner had not understood the facts.the presumption is made that indoor panel and circuit breaker are accessories for switch board. ..... indoor panel on the circuit breaker for 33 kv switch board and circuit breaker for 6.6 kv switch board. ..... indoor panel and circuit breaker.) 2. .....

State Vs. Maganlal Chunilal Bogawat

Court : Mumbai

Reported in : AIR1956Bom354; 1956CriLJ701

..... it became apparent to the employees of the company that the motive power circuit was being used for lighting purposes by means of some temporary connection. ..... as we have already observed, the learned trial magistrate has believed the evidence that it was the accused who had abstracted energy out of the motive power circuit.it also appears from the conduct of the accused in pulling out the plug pins at the time when the 'panchanania' was being made he was aware that it was the motive power circuit which, was being utilised for lighting purposes. ..... with a view to pay for energy consumed for lighting purposes at a lower rate the accused appears to have manipulated the electric mains so as to enable him to obtain electricity from the motive power circuit for lighting purposes.5. ..... and checked the two meters which were fixed one above the other, one for the lighting circuit and the other for the motive power circuit. .....

international Knitting Ltd., Shri Sharad Singhania Vs. Commissioner of ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... he relies on the judgement of the tribunal in the case of sandur micro circuit ltd., vs. ..... cc, 2007 (210) elt 200 and sandur micro circuit ltd., vs. .....