Court : Andhra Pradesh
Reported in : 2010(174)LC169(AP)
..... exercise of power by da.statutory provisions8. 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. there are eight sub-sections. section 9a(1) is a ..... authority before he records final findings and also seek refund of the provisional duty paid along with interest under section 9a(8) of the customs tariff act and rule 21 of the rules. he also points out that vmcl has already submitted their detailed response before da which shall have to ..... manufactures sdh equipment with specifications branded as stm-64, stm-256, dwdm 2.5g, dwdm 10g, dxc and interface converter. the tariff classification under chapter 85 of the custom tariff act deals sdh under one sub-heading and other multiplexers, optical multiplexer software under different subheadings. further, it is submitted by the counsel .....
Tag this Judgment!Court : Chennai
..... customs tariff act vide the customs tariff (amendment) act, 1995, 6 of 1995 which replaced the provisions of sections 9, 9-a and 9-b earlier inserted in the customs tariff act under act 52 of 1982. the statement of objects and reasons to the bill clearly states that the bill seeks to amend the customs tariff act to bring the provisions of the customs tariff act ..... in conformity with the provisions of article vi of gatt, 1994, and the agreements on subsidies and countervailing measures. even the preamble of the customs tariff (amendment) act, 1995, 6 of 1995 also provides that the ..... provisions of sections 9, 9-a and 9-b of the customs tariff act, 1975, have been replaced by the new sections 9, 9-a and 9-b .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(6)BomCR466; [2003]130STC310(Bom)
..... finance bill, 2001 (bill no.17 of 2001) certain amendments were proposed to the first schedule of the tariff act in the manner specified in the fourth schedule. the said amendment reads as under : 'the fourth schedule [see section 127(a)] : in the first schedule to the tariff act (1) in chapter 21, for note 3, the following ..... from one country to another according to differences in climate, diet, economic conditions and even within the same country according to differences in habits, social customs and standards of public morality. a new factor of growing importance since the middle of the 19th century has been the rapid urbanisation, industrialization and mechanisation ..... damned tobacco, the ruin and overthrow of body and soul.' another indictment is from james i of england (counterblast to tobacco) when it is said : 'a custom (smoking) loathsome to the eye, harmful to the brain, dangerous to the lungs and in the black stinking fume thereof, nearest resembling the horrible stygian smoke of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... india.the statement of objects and reasons, the report of the selectcommittee as also the various amendments made therein from time to time,particularly amending act 21 of 1967, amending act 22 of 1970, amending act75 of 1976, amending act 38 of 1983 and amending act 24 of 1986 leave nomanner of doubt that the tea industry had occupied a very importantposition ..... the absence of a billof rights in the constitution of australia."(see also liverpool & london s.p. assn. ltd. (supra)in salomon v. commissioner of customs and excise [(1966) 3 all e.r.871], it was held that when the statute is in compliance with internationalconventions then it must be interpreted in conformity ..... above, may indirectly or remotely affect trade and commerce. if it be held that every law made by the legislature of a state which has repercussion on tariffs, licensing, marketing regulations, price-control etc., must have the previous sanction of the president, then the constitution in so far as it gives plenary power .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2008]143CompCas325(SC); (2008)5CompLJ369(SC); (2007)213CTR(SC)301; [2008]297ITR176(SC); 2007(13)SCALE204; [2007]80SCL283(SC); 2007AIRSCW7443
..... therefore, section 209(1) recognizes the receipt and expenditure as well as assets and liabilities; that, prior to substitution of section 209(3) by the companies act (amendment) act, 1988 w.e.f. 15.6.88, did not provide for keeping the books of account on accrual basis. however, based on the report of sachar ..... is lower. however, they carry long term investments at cost. they provide for permanent diminution in value of long term investment125. similarly, in case the company pays customs duty under section 43b of rs. 100. for tax purpose, that company is entitled to deduction of rs. 100/- in the year it makes payment. but ..... of exchange. (10) advances recoverable incash or in kind or for value to be received, e.g., rates, taxes, insurance,etc. (11) ***] (12) balances with customs,port trust, etc. (where payable on demand). unsecured loans:miscellaneous expenditure (to the extent not written offor adjusted): +loans from directors, managershould be shown separately. interest accrued ant .....
Tag this Judgment!Court : Mumbai
Reported in : (2004)188CTR(Bom)232; [2004]267ITR488(Bom)
..... the transaction value in respect thereof.it is misconception to contend that what is being taxed is intellectual input. what is being taxed under the customs act r/w 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 final product at the time of ..... of sale but may generate foreign exchange and may pass through the gamut of customs clearance as contemplated under section 80hhc of the act.56. at this stage, it will not be out of place to mention that the constitution of india (forty-sixth amendment) act, 1982, has brought into ambit of sale amongst transactions which were not ..... the right to exploit the film given by way of lease, has now been regard as sale by the constitution (forty-sixth amendment) act, 1982, for the purposes of sales-tax laws after 46th amendment to the constitution, the same concept with respect to the lease transactions of feature films is introduced in the income-tax legislation via .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)
..... plaintiff - whether before the commencement of the central excises and customs laws (amendment) act, 1991 or thereafter - by mis-interpreting or mis- applying the provisions of the central excises and salt act, 1944 read with central excise tariff act, 1985 or customs act, 1962 read with customs tariff act or by mis-interpreting or mis-applying any of the rules ..... section 11-b of the central excises and salt act, as amended by the aforesaid amendment act, and by virtue of the provisions contained in sub-section (3) of section 27 of the customs act, 1962, as amended by the said amendment act, all claims for refund (excepting those which arise as a result of ..... , whether under the orders of an authority, tribunal or court or otherwise.(ix) the amendments made and the provisions inserted by the central excises and customs law (amendment) act, 1991 in the central excises and salt act and customs act are constitutionally valid and are unexceptionable.(x) by virtue of sub-section (3) to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... aside by the supreme court on 1-11-1976 and the case was remitted to the high court 'to hear the parties on maharashtra private forests (acquisition) (amendment) act, act 72/75, and after hearing the rival contentions of the parties the high court will pronounce its judgment'. when the matter came up for hearing before the division ..... that is to say, entries referred to in article 303 (being entry 4l of list i--'trade and commerce with foreign countries, import and export, across customs 'frontiers, definition of customs frontiers,' entry 42 of list i 'inter-state trade and commerce', entry 26 of list ii 'trade and commerce within the state subject to provisions of ..... to above, may indirectly or remotely affect trade and commerce. if it be held that every law made by the legislature of a state which has repercussion on tariffs, licensing marketing regulations, price-control etc. must have the previous sanction of the president, then the constitution in so far as it gives plenary power to the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... then was) approving the decision of the division bench in shamrao's case (supra) observed (para 25): 'in our opinion, once the parliament by enacting amending act 23 of 1965 includes a cooperative bank in the same class as a company doing the business of banking for the purpose of regulation of the banking business would ..... the connotation of the expression 'banking' in entry 45 of list-i, power to legislate in respect of all commercial activities, which a banker by the custom of bankers or authority of law engages in, would result in rewriting the constitution. investment of power to legislate on a designated topic covers all matters ..... co. v. delhi stock exchange association ltd., : [1979]3scr373 . while circulars issued under statutory power by agencies such as the central board of excise and customs, central board of revenue or the central board of direct taxes have been treated as admissable aids to construction, instruments and directions issued by revenue department for enforcement .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP60; 2003(3)ALD762
..... agreement, and, a tariff, based on parameters applicable to generating companies.26. by act 51 of 1991, dated 27.9.1991 both the electricity act, 1910 and supply act, 1948 were amended to give effect to the changed policy of the government.amendments to 1910 act in 1991:27. section 3 of 1910 act was amended permitting the sale of ..... electricity supplied are adequately levied and duly collected; (6) to promote competitiveness and progressively involve the participation of private sector, while ensuring fair deal to the customers; (7) to regulate the assets, properties and interest in properties concerning or related to the electricity industry in the state; and (8) to regulate ..... used in the determination under sub-section (5) above in any financial year in respect of goods or services supplied to customers pursuant to a licensed activity; and(b) 'tariff' means a schedule of standard prices or charges for specified services which are applicable to all such specified services provided to the .....
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