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Anil Mansaramani and 5 ors. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (1988)(17)ECC275

..... evidence to connect appellant sunil desai with reference to the commission of any offence in relation to the goods under seizure.indeed the case of the department is that the goods under seizure viz.integrated circuits and transistors were meant for appellant anil mansaramani and sunil desai does not come into the picture in regard to these goods nor in anyway connected with them. ..... hereunder extracted verbatim :- "by clause 3 of imports (control) order, 1955, (as amended) issued in pursuance of section 3(2) of imports and exports act, 1947 read with section 11 (2)(u) of customs act, 1962, the import of the integrated circuits, transistors, car air conditioners and compressors and the video camera of foreign origin totally valued at rs. ..... on 28.9.1985 the authorities effected seizure of another set of integrated circuits of foreign origin and a national colour video camera, a national auto air conditioner and one bd 507 compressor of foreign origin, from the residence and out house of appellant ralph d'couto and ..... consignments and found the same to contain electronic components such as integrated circuits and transistors of foreign origin as detailed in the impugned order. ..... section 111 (d) & (p) and further consignment of integrated circuits and air conditioner & compressor of foreign origin valued at ..... the order of the additional collector of customs, madras, referred to above, absolutely confiscating integrated circuits and transistors of foreign origin respectively valued at rs. .....

S and S Power Switchgear Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(39)ELT445TriDel

..... as the expression "electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits or for making connections to or into electrical circuits" appearing in heading 85.18/27 is reproduced in a separate sub-item (iii), there is no sub-item for the expression "insulating fittings for electrical equipment". ..... the appellants' plea is that the fuse-body is used for the protection of electrical circuits and the fuse-bodies imported were specially designed components of the fuse.further these fuse bodies were made of cordiorit and not of porcelain.the thermal characteristics of cordiorite are high thermal conductivity and ..... he argued that the expression "electrical apparatus for making and breaking electrical circuits for the protection of electrical circuits or for making connections to or in electrical circuits" appearing in heading 85.19 of the cccn. ..... when the fuse bodies were imported they were classified under heading 85.18/27(3) as components of electrical apparatus for the protection of electrical circuits. .....

General Electric Co. of India Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1998)(98)ELT637TriDel

..... the position here would have been different if the notification had mentioned goods for electric circuit of 25 volts.in such case it could have been argued that since notification clearly covers the goods in question, mention of cth 85.36, under which goods for 25 volts obviously cannot fall, cannot have the effect of denying ..... in other words by indicating classification as 85.36 it is clear that the legislature intended to exempt parts of such circuit breakers for making connection to electrical circuit of 400 volts and above but not exceeding 1,000 volts. ..... 60/87 from the appeal memo itself:"10 85.36 fuses, automatic circuits switches and other 40% ad or apparatus for protecting electrical circuits or for valorem" 85.38 making connections to or in electrical circuits of 400 volts and above or of 20 amperes and above 5. ..... the fact that the goods must be classifiable under cth 85.36 indicates that though the electrical apparatus may be for electrical circuit of 400 volts and above but because such goods were to fall only under heading 85.36 such goods for protecting the electrical circuit exceeding 1,000 volts are not entitled to this exemption. ..... the expression "parts of aforesaid" would refer only to parts of such goods as for circuit of 400 volts and above but not exceeding 1,000 volts. ..... the notification exempts automatic circuit breakers among others for protecting electrical circuits or for making connections to or in electrical circuits of 400 volts and above. .....

Bisso Vs. Inland Waterways Corp.

Court : US Supreme Court

..... on the other hand, to recognize the validity of such a provision accords with the decisions and pronouncements of the two circuits having the most active admiralty business, and with the underlying considerations of policy upon which this court very recently and unanimously enforced a similar provision for exemption in sun oil co. ..... permitting the third party to recover directly from the tow owner by virtue of the clause, the fourth circuit necessarily affirmed the right of the tug to shift the burden of liability to the tow. ..... 167, the crucial issue in the district court, on appeal in the circuit court, and on appeal here, was whether or not, on the particular facts of that case, the steamer syracuse had been "navigated with ordinary care and ..... encyclopedias of american case law note an apparent conflict among the circuits on the question of validity of the tug-tow exculpatory contracts. ..... is safe to say that, aside from temporary intra-circuit conflicts within the second circuit, [ footnote 3/9 ] never since page 349 u. ..... 3/4 ] it is not without significance that the second and fifth circuits are first and second in volume of admiralty litigation. 2. ..... was denied, [ footnote 3 ] however, and courts in the second circuit continued to follow the newly announced oceanica doctrine. ..... the ninth circuit is the only circuit which has indicated -- but not decided -- that it might differ with the second, fourth, and fifth circuit courts of appeals were it forced to pass squarely on the issue .....

Jackson Vs. Denno

Court : US Supreme Court

..... 368 certiorari to the united states court of appeals for the second circuit syllabus petitioner, after robbing a hotel, fatally wounded a policeman and himself received two bullet wounds. ..... [ footnote 9 ] not all the states and federal judicial circuits can be neatly classified in accordance with the above three procedures. ..... other opinions from the united states courts of appeals for the various circuits indicate that they follow the massachusetts or orthodox procedure. ..... although there apparently are no recent cases, the court of appeals for the sixth circuit appears to follow the new york practice. ..... the federal courts in the various circuits, however, often citing wilson, have given it varying interpretations. ..... rules followed in the federal judicial circuits to determine voluntariness of confessions in wilson v. ..... [ footnote 2/4 ] for a survey of the rule in the various states and in the federal judicial circuits, see appendices a and b. ..... "new york" rule second circuit: united states v. ..... the same can fairly be said about state prisoners convicted in at least 14 other states listed in appendix a-ii to this opinion and federal prisoners convicted in 6 federal judicial circuits listed in appendix b-ii. ..... 423 ninth circuit: leonard v. ..... "massachusetts" rule fourth circuit: denny v. ..... district of columbia circuit: pea v. ..... seventh circuit: united states v. ..... sixth circuit: anderson v. ..... third circuit: united states v. ..... fifth circuit: andrews v. ..... wigmore or "orthodox" rule first circuit: kemler v. .....

Hubbard Vs. United States

Court : US Supreme Court

..... in affirming, the court of appeals concluded that the so-called "judicial nmction" exception developed in other circuits, under which 1001 reaches false statements made while a court is performing its "administrative" or "housekeeping" functions, but not its adjudicative functions, does not exist ..... although the judicial function exception has become entrenched over the years in a number of circuits, the sixth circuit concluded, over a dissent, that the exception does not exist. ..... relying on morgan, the court of appeals for the sixth circuit reversed a conviction several years later "because 1001 does not apply to the introduction of false documents as evidence in a criminal proceeding ..... moreover, as both the ninth and the second circuits observed, congress has not seen fit to repudiate, limit, or refine the exception despite its somewhat murky borders and its obvious tension with the text of the statute as construed in bramblett ..... 760, 766.10 10 some 17 years before masterpol, the second circuit restricted the application of 1001 in a slightly different manner. ..... the seeds of the exception were planted by the court of appeals for the district of columbia circuit only seven years after bramblett was decided. ..... on appeal to the court of appeals for the sixth circuit, petitioner argued that his convictions under 1001 were barred by the so-called "judicial function" exception ..... although the seventh and district of columbia circuits have questioned the basis of the exception, see united states .....

Buckhannon Board and Care Home, Inc. Vs. West Virginia Dept. of Health ...

Court : US Supreme Court

..... as the fourth circuit had previously rejected the "catalyst theory," the district court denied the motion, and the fourth circuit affirmed. ..... 602 though most courts of appeals recognize the "catalyst theory," 3 the court of appeals for the fourth circuit rejected it in s-l and s-2 v. ..... certiorari to the united states court of appeals for the fourth circuit no. .....

Collector of Central Excise Vs. Modison Metals Pvt. Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2000)(116)ELT535TriDel

..... " he submits that description of the goods under heading 8535 is for the "electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, fuses, lighting arresters, voltage limiters, surge suppressors, plugs, junction boxes), for a voltage exceeding 1,000 volts. ..... " he submits that chapter heading 85.36 reads "electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 volts. ..... in the present case, the parts are specific meant for electrical apparatus proctecting electrical circuits or for making connections. ..... these items are not complete apparatus but only the parts for protecting, checking circuits or for making connections. ..... the technical literature and write up show that these are parts for switching or protecting electrical circuits or for making connections. .....

Hertz Corp. Vs. Friend

Court : US Supreme Court

..... choosing between the center of corporate activity test and the locus of operations test ; the second circuit uses a two-part test similar to that of the fifth, ninth, and eleventh circuits involving an initial determination as to whether a corporation s activities are centralized or decentralized followed by an application of either the place of operations or nerve center test; the third circuit applies the center of corporate activities test searching for the headquarters of a corporation s day-to-day ..... the district court concluded that it lacked diversity jurisdiction because hertz was a california citizen under ninth circuit precedent, which asks, inter alia, whether the amount of the corporation s business activity is significantly larger or substantially predominates in ..... activity ; the fourth circuit has endorsed neither [the nerve center or place of operations ] test to the exclusion of the ..... have a fair op- portunity to litigate their case in light of our holding, however, we vacate the ninth circuit s judgment and remand the case for further proceedings consistent with this opinion. .....

Jyoti Electric Motors Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1998)(97)ELT493TriDel

..... , dated 17-3-1972 "in exercise of the powers conferred by sub-rule (1) of rule 8 of the central excise rules, 1944, the central government hereby exempts electric motors designed for use in circuits at a pressure exceeding 400 volts, and with a rated capacity exceeding 10 horse power and falling under sub-item 2(ii) of item no. ..... as the exemption was only to those motors, which were designed for use in circuits at a pressure exceeding 400 volts, the benefit of exemption under notification no.82/72-c.e. ..... , dated 17-3-1972, electric motors designed for use in circuits exceeding 400 volts were eligible for concessional rate of central excise duty. ..... sharma, jdr submitted that the electric motors in question had been designed for use in circuits at a pressure of 380 and 385 volts. ..... collector that such motors marked with 380 and 385 volts were designed for use in circuits at a pressure exceeding 400 volts. ..... the exemption notification is clear and it provides for concessional rate of duty only when the electric motors were designed for use in circuits at a pressure exceeding 400 volts.6. ..... in the applicable notification the word are only electric motors designed for use in circuits at a pressure exceeding 400 volts. .....