Judgment Search Results Home > Cases Phrase: customs tariff amendment act 2003 chapter lxxiv copper and articles thereof Page 1 of about 732 results (0.244 seconds)

Vuppalamritha Magnetic Components Limited Rep. by Its Managing Directo ...

Court : Andhra Pradesh

Reported in : 2010(174)LC169(AP)

..... acting on said application, da issued initiation notification dated 21.4.2009 in terms of rule 5 of the customs tariff (identification, assessment and collection of add on dumped articles and determination of injury) rules, 1995 (the rules, for brevity) for investigation into the existence, degree and effect of alleged dumping of sdh equipment from the subject countries. m/s ..... section 9a of the customs tariff act 1975 (the act, for brevity), was inserted by the customs tariff (second amendment) act 1992, which was substituted by the customs tariff (amendment) act 1995, with effect from 01.01.1995, which again underwent several amendments. ..... the context otherwise requires-(b) 'domestic industry' means the domestic producers as a whole engaged in the manufacture of the like article and any activity connected therewith or those whose collective output of the said article constitutes a major proportion of the total domestic production of that article except when such producers are related to the exporters or importers of the alleged dumped article or are themselves importers thereof in which case such producers may be deemed not to form part of domestic industry. ..... is classified under chapter 85 of the customs tariff act, 1975 with complete description therein and the basic customs duty is nil. ..... designated authority : 2003 (155) elt 226 (mad) and indian express newspapers ..... union of india : 2003 (157) elt 138 (del ..... designated authority : 2003 (154) elt 57 (mad), mahavir mirror industries .....

Nirma Limited. Vs. Saint GobaIn Glass India Limited and ors.

Court : Chennai

..... sections 9a and 9c of the act, which were introduced by the customs tariff (amendment) act, 1995 enabling the imposition of anti-dumping duty on dumped articles, were inserted by the parliament pursuant to the general agreement on tariffs and trade, 1994, which is based on the wto agreement, india being one of its signatory, as it was observed by ..... deeming fiction is made applicable only in cases where the producers are related to the importers or exporters of the alleged dumping article or themselves imported thereof and hence, the term "only" cannot be taken in a restrictive sense, which, according to him, would be against the ..... essential ingredient in the manufacture of detergents, soaps, cleaning compounds, sodium based chemicals, float glass, container and specialty glasses, silicates and other industrial chemicals; and is widely used in textiles, paper, metallurgical industries and desalination plants and the said soda ash is classified under chapter 28 of the act under subheading no.2836.20. ..... for example, in copper sulphate from yugoslavia, the community authorities found that"the complainant was obliged to make these purchases in an attempt to limit the effect of injury in order to maintain its customer base by preventing the sale of the imported product to the complainant's customers at dumped prices".the community authorities consider it to be a legitimate act of commercial self protection for community producers to make purchases to"stay on the market with as" full ..... 2003 .....

Karnataka State Road Transport Corporation, Rep. by Its Managing Direc ...

Court : Karnataka

Reported in : ILR2005KAR1605

..... further it is stated that the state legislature has no power to enact the impugned provision of section 3 of the amended act 9/2003 to repeal the kcca act without providing an alternative law by saving the vested rights upon the corporations and its employees as held by the apex court in catena of cases which will be referred to in the reasoning portion of this order while answering the relevant ..... 2003 (karnataka motor vehicles taxation and certain other law (amendment) act, 2003, (hereinafter referred to as 'the amendment act') by which the karnataka contract carriages (acquisition) act, 1976 (hereinafter referred to as 'kcca act') has been repealed, the constitutional validity of it was upheld by the constitutional bench and ..... thereby it has achieved the directive principles of state policy, which has been demolished by enacting the impugned amended act of 9/2003 to repeal kcca act which has resulted in destruction of basic structure of the constitution of india, which is totally impermissible in law as held by the apex court in the above catena of ..... the concurrent list read with article 31 of the constitution, in furtherance of article 39(b) and (c) thereof. ..... counsel submitted that the scheme of nationalization in chapter iv-a of the motor vehicles act was given up the whole undertaking of the various operators was not acquired but what was acquired was certain assets, most of which were available in the market.acquisition of ..... over-riding effect upon chapter-v in view of section .....

Karnataka State Road Transport Corporation and Etc. Etc. Vs. Karnataka ...

Court : Karnataka

Reported in : AIR2005Kant205

..... further it is stated that the state legislature has no power to enact the impugned provision of section 3 of the amended act 9/2003 to repeal the kcca act without providing an alternative law by saving the vested rights upon the corporations and its employees as held by the apex court in catena of cases which will be referred to in the reasoning portion of this order while answering the ..... 9/2003' (karnataka motor vehicles taxation and certain other law (amendment) act, 2003, (hereinafter referred to as 'the amendment act') by which the karnataka contract carriages (acquisition) act, 1970 (hereinafter referred to as 'kcca act'), has been repealed, the constitutional validity of it was upheld by the constitutional bench and another decision of the apex courts the derails pertaining to these writ petitions are ..... thereby it has achieved the directive principles of state policy, which has been demolished by enacting the impugned amended act 9/2003 to repeal kcca act which has resulted in destruction of basic structure of the constitution of india, which is totally impermissible in law as held by the apex court in the above catena ..... list read with article 31 of the constitution, in furtherance of article 39(b) and (c) thereof. ..... counsel submitted that the scheme of nationalization in chapter iv-a of the motor vehicles act was given up the whole undertaking of the various operators was not acquired but what was acquired was certain assets ..... got overriding effect upon chapter-v in view of .....

A. Aruna and ors. Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Reported in : 2002(6)ALD548; 2003(2)ALT770

..... the contentions raised in the affidavits filed in support of the writ petitions while assailing the constitutionality of the amendment acts are: (1) the impugned provisions are violative of articles 14 and 19(1)(g) of the constitution; (2) the impugned amendment acts are beyond the legislative competence of the andhra pradesh state legislature; (3) the life tax ceased to be compensatory and, therefore, unconstitutional; (4) since the motor vehicle tax is a compensatory tax, the basis of the tax ought to be either the weight of the vehicle or its seating ..... shall be levied; provided that the rates of tax shall not exceed the maximum specified in column (2) of first schedule in respect of the classes of motor vehicles fitted with pneumatic tyres specified in the corresponding entry in column (1) thereof; and one and half times the said maximum in respect of such classes of motor vehicles as are fitted with non-pneumatic tyres; provided further that in the case of motor cycles (including motor scooters ..... thus the legislative power of parliament and the state legislatures as conferred by articles 245 and 246 stand curtailed by the fundamental rights chapter of the constitution.26. ..... collector of customs, calcutta, : 1983ecr1657d(sc) , gopi chand v. .....

Kuldip Nayar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1

..... regard. the amendments in sections 3, 59, 94 and 128 of the representation of the people act, 1951 by the representation of the people (amendment) act, 2003 (40 of 2003) has been made in exercise of the powers conferred on the parliament under article 246 read with articles 84 and 327 and entry 72 of the union list of the seventh schedule to the constitution. ..... j. in paragraph 691 of his separate judgment ruled as under:ordinary laws have to answer two tests for their validity: (1) the law must be within the legislative competence of the legislature as defined and specified in chapter i, part xi of the constitution, and (2) it must not offend against the provisions of article 13(1) and (2) of the ..... 128. this constitution shall not be altered except in the following manner: the proposed law for the alteration thereof must be passed by an absolute majority of each house of the parliament, and n not less than two, nor more than six months after its passage through both houses the proposed law shall be submitted in each state and territory to the electors qualified to vote for the election of members of the house of representatives.but if either house ..... '. section 94 falling under this chapter, as originally enacted read as under:secrecy of voting not to be infringed - no witness or other person shall be required to state for whom he has voted at an election.the act 40 of 2003 has added a proviso to the aforesaid .....

Tata Consultancy Services Vs. State of Andhra Pradesh

Court : Supreme Court of India

Reported in : AIR2005SC371; (2004)192CTR(SC)257; 2004(178)ELT22(SC); [2004]271ITR401(SC); 2006(33)PTC652(SC); 2004(9)SCALE349; (2005)1SCC308; [2004]137STC620(SC)

..... it is clear from a mere reading of the said provision that any moveable article brought into india by a passenger as part of his baggage can make him liable to pay customs duty as per the customs tariff act. ..... what is being taxed under the customs act read with the customs tariff act and the customs valuation rules is not the input alone but goods whose value has been enhanced by the said inputs ..... the list of goods as prescribed by the law are different items mentioned in various chapters under the customs tariff act, 1997 or 1999. ..... to put it differently, the legislative intent can easily be gathered by reference to the customs valuation rules and the specific entries in the customs tariff act. ..... sorabjee had pointed out that the high court has, in the impugned judgment, held as follows:'...in our view a correct statement would be that all intellectual properties may not be 'goods' and therefore branded software with which we are concerned here cannot be said to fall outside the purview of 'goods' merely because it is intellectual property; so far as 'unbranded software' is concerned, it is undoubtedly intellectual property but may perhaps be outside ..... are to be found in chapter 49 wherein maps, plans and other similar items are also included, while chapter 97 talks about original engravings. ..... this clearly goes to show that when technical material is supplied whether in the form of drawings or manuals the same are goods liable to customs duty on the transaction value in respect thereof.44. .....

P. Kunhiraman Vs. V.R. Krishna Iyer

Court : Kerala

Reported in : AIR1962Ker190

..... judge again deals with the provisions of section 36(7) as it originally stood, and as it now stands after amendment by act 27/1956, and it is the view of the learned judge as given in the same page as follows:'the legislature apparently thought that the presumption authorised by these words was unduly wide, and so, by the amendment, the prima facie and rebuttable presumption is now limited to the capacity of the person concerned to be treated as an elector and nothing more, and that too unless it is proved that he suffers from ..... are not adverted to by me, because they relate only to the constitution of the election commission the appointment of the chief election commissioner and other eleo-tion commisioners their conditions of service; the appointment of regional commissioners and other incidental matters.article 325 provides :'no person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.there shall be one general electoral roll for every territorial constituency for election ..... chapter iii in part vi relates to trial of election petitions and in particular section 86 states that if the election petition is not dismissed under section 85 the election commission is to cause a copy thereof to be published in the official gazette and a copy to be served by post on each respondent and then refer the petition to an election tribunal for trial. .....

Flextronics Technologies (India) Private Limited, Rep. by its Managing ...

Court : Chennai

..... however, section 9-a was re-drafted and the original provision was substituted by a new section 9-a under the customs tariff (amendment) act 14 of 1994, to take effect from 01.01.1995, coinciding with the creation of the world trade organisation. 21. ..... it should be pointed out that anti dumping duty is levied under a notification issued by the central government in exercise of the power conferred by section 9-a of the customs tariff act, 1975, whenever any article is exported from any country or territory to india at less than its normal value. ..... under section 45(1) of the customs act, 1962, all imported goods unloaded in a customs area shall remain in the custody of a person as approved by the commissioner of customs, until they are cleared for home consumption or are warehoused or are transshipped in accordance with chapter viii. ..... commercial tax officer [(1997) 107 stc 212 (sc)], a three member bench of the supreme court was concerned with a question whether the excise duty on potable liquor, manufactured bymohan breweries, but paid by the purchasers thereof, is includible in the taxable turnover of mohan breweries under the tamil nadu general sales tax act or not. ..... state of tamil nadu [(2003) 129 stc 294], a bench of this court was concerned with a case where the imported goods which were assessed to duty were sold by transferring the documents of title, even when the goods were in the customs warehouse located within the customs station. .....

Collr. of Cus. Vs. Indo-swiss Synthetic Gem Mfg. Co. Ltd.

Court : Chennai

Reported in : 1995(52)ECC53; 2003(162)ELT121(Mad)

..... :'without prejudice to the contention that sub-section (3), or subsection (2) (d) or any other sub-section of section 11b of the centralexcises and salt act, 1944 (hereinafter referred to as the 'act'), asamended by central excises & customs laws (amendment) act, 1991(act 40 of 1991) is not applicable to the present case, since refund hasalready been made pursuant to a writ issued by the delhi high courtunder article 226 of the constitution of india, it is stated that differential duty, in respect of which refund has already been made to the ..... under section 3 of the customs tariff act, 1975 (act no. ..... the assistant collector of customs assessed the goods and levied additional or countervailing duty under customs tariff heading 70.21 and under item 23-a(4) of the central excise tariff (for short 'cet'). ..... exemption is granted from the whole of the duty of excise leviable inter alia on copper scrap provided that:(i) it is proved to the satisfaction of an officer not below the rank of assistant collector of central excise that the said waste or scrap is intended to be used in the manufacture of chemicals; and(iii) in respect of such use elsewhere than in the factory of production of the aforesaid waste or scrap, the procedure as set out in chapter x of the central excise rules, 1944 is followed. .....