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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)

..... value in respect thereof.44. it is a misconception to contend that what is being taxed is intellectual input. 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 final product at the time of import ..... 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. an item which does not fall within clauses (a), (b), (c) or (d) of section 2(22) will be regarded as coming under section ..... an inclusive definition taking within its ambit any moveable property. the list of goods as prescribed by the law are different items mentioned in various chapters under the customs tariff act, 1997 or 1999. some of these items are clearly items containing intellectual property like designs, plans, etc.47. in the case of st albans city and .....

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

Court : Chennai

..... fiscal scenario here got completely changed. the customs tariff act, 1975 (of india) was amended by customs tariff (second amendment) act, 1982 to insert section 9-a for the first time. 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. by section 9-a inserted in the customs tariff act, 1975, the parliament empowered the central government to impose an anti-dumping ..... 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. as held by the allahabad high .....

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

Court : Chennai

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

..... d.1105, dated 19-12-1980 and d.1106 dated 19-12-1980.10. during the pendency of the above writ petitions, the central excises and customs laws (amendment) act, 1991 (act 40 of 1991 - for short 'amendment act'), which was published in the gazette of india, extraordinary, part ii section 1, no. 54, dated 18th september, 1991 came into force.11. ..... 19-12-1980; and (5) d.1106, dated 19-12-1980.2. 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'). the consignment had been cleared on payment of duty, as demanded.3. even ..... silica'. item no. 23a(4) of cet states that for other glass and glassware including tableware the duty shall be as prescribed therein. under section 3 of the customs tariff act, 1975 (act no. 51 of 1975 - for short custa'), 'any article which is imported into india shall, in addition, be liable to a duty (hereinafter in this .....

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

..... the pendency of special appeal no. 21 of 2009, the uttarakhand legislative assembly enacted the uttarakhand (the uttar pradesh entertainment and betting tax act, 1979) (amendment) act, 2009 the aforesaid amendment was notified on 16.03.2009.. through the aforesaid enactment, the term 'direct-to-home' (dth) broadcasting was sought to be defined ..... signals by respondent 1 to their sub-cable operators they, in turn, provide cable service for exhibition of such performance, film or programme to individual customers. the respondents have, in fact, admitted this position. the respondents are carrying on business as multi-system operator (mso) being engaged in receiving ..... events, educational programmes, programmes related to public health, employment opportunities, consumer awareness etc. all these facilities are in addition to, catering the recreational needs of customers to whom the service is provided. it is also relevant to mention, that the 'direct-to-home' (dth) service, can be used in any .....

Firma Chemiczna Dwory S.A. Vs. Ministry of Finance, Designated

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(93)ECC432

..... present case solely on the basis of data made available by the domestic industry.according to the definition of "normal value" in section 9a(1)(c) of the customs tariff (amendment) act 1995 no 6 of 1995. it can be the domestic selling price in the ordinary course of trade, export price to an appropriate third country or cost of ..... since the domestic industry manufacturers only hsr 1900 serier, there was no requirement to impose duty on all varieties of hsr falling under chapter 39 and 40 of the customs tariff. it is their contention that imposition of anti-dumping duty on an "unduly expanded range of goods was not justified ". they have also pointed out that the ..... appeals arise out of imposition of anti-dumping duties on "all grades of high styrene resin/rubbers" (hsr) exported from poland and eurcoean union to india under customs notification no. 6/2002- cus date 15th january 2002. the imposition of duties was made pursuant to a final finding notified on 18.12.2001 by designated authority .....

Association of A.P. Sajjada Nasheens, Mutawallies and Khidmat Guzaran ...

Court : Andhra Pradesh

Reported in : 2010(1)ALT112

..... a permanent character.the said legislation was followed by wakf act, 1913; wakf act, 1954; wakf (amendment) act, 1984 and the present wakf act, 1995. in addition to the above before the present wakf act, 1995, the official trustees act ii of 1913; charitable endowments act vi of 1890; religious endowments act xx of 1863 and the code of civil procedure, 1908 ..... largely upon the comparative importance or value of the social interest that will be, thereby, impaired. there shall be symmetrical development with history or custom when history or custom has been the motive force or the chief one in giving shape to the existing rules and with logic or philosophy when the motive power has ..... change evolved by a gradual and continuous process. as benjamin cardozo has put it is his judicial process, life is not logic but experience. history and customs, utility and the accepted standards of right conduct are the forms which singly or in combination all be the progress of law. which of these forces shall .....

Thressiamma L. Chirayil Vs. State of Kerala

Court : Kerala

Reported in : 2007(1)KLT303; (2007)7VST293(Ker)

..... but prevents free flow of trade, commerce and intercourse and does not satisfy the requirements of article 304(b) of the constitution. it was also stated that the amendment act has not received the assent of the president. it was pointed out that the bill was not moved in the assembly with the previous sanction of the president as ..... levied on the purchase of goods and in the case of motor vehicle includes the value of accessories fitted to the vehicle. however, no reference was made to the customs and other duties that an importer has to pay for clearance of the goods which is not indeed an omission without significance, so held by the division bench. the ..... the state of kerala and then to the state of kerala. petitioners have obtained customs clearance on payment of customs duty and levy. some of the petitioners have not only paid the customs and other dues but also sales tax to some other states. object of act 15 of 1994 which we have already indicated was to curb evasion of sales tax .....

A.P. Electricity Regulatory Commission Vs. R.V.K. Energy Pvt. Ltd. and ...

Court : Supreme Court of India

Reported in : 2008LC(SC)550; JT2008(7)SC138; 2008(9)SCALE529; 2008AIRSCW6536

..... from aperc and to agree to aperc deciding third party sales including the extent and manner of the supply and affixing the tariff, transmission and wheeling charges. aptransco was called upon to amend the draft agreement with rvk.39. vide its letter dated 24.9.1999, rvk requested aperc to process the exemption application ..... customers.72. section 12 provides for the general powers of the state government to issue policy directions on matters concerning electricity in the state including the overall planning and co-ordination. all policy directions are required to be issued by the state government consistent with the objects sought to be achieved by the said act ..... section 11 (1)(f) whereby one of its function is to promote competitiveness and progressively involve the participation of private sector, while ensuring fair deal to the customers.134. the commission, as we have noticed, hereinbefore had been waiting for some directions of the government of andhra pradesh. it is from that angle it .....

Consumer Online Foundation. Vs. Union of India and ors.

Court : Supreme Court of India

..... in the establishment of private airports by rendering such technical, financial or other assistance which the central government may considernecessary for such purpose. (inserted by the amendment act of 2003)(b) plan, procure, install and maintain navigational aids, communication equipment, beacons and ground aids at the airports and at such locations as may ..... financial or other assistance which the central government may consider necessary for such purposes cannot be assigned to the lessee under section 12a of the 1994 act. the amendment act of 2003 which also inserted section 12a therefore provides in sub-section (1) of section 12a that the airports authority can make a lease of ..... is recovered by an airport operator from its customers. the high court was, therefore, right in coming to the conclusion in the impugned judgment that development fees under section 22a of the 1994 act was in the nature of a tariff.(iii) section 12a of the 1994 act (a) recognizes statutorily the power of the .....

Flemingo Duty-free Shop Pvt. Ltd. and Mr. Vivek S. Bhatt Vs. Union of ...

Court : Mumbai

Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730

..... namely, the state distancing itself from commercial activities. our attention was invited to the statement of objects and reasons of the airports authority of india amending act 2003 and the observations of the supreme court in its judgment in the case of zee telefilms (supra). the learned counsel took us through ..... management contract/nonconcessionaire type agreement. asian airport presence and experience. asian duty free sales. type of merchandise sold. number of international indian passengers. customs inquiry resulting in adverse findings or payment of penalty. in the additional affidavit dated 20.2.2008 filed before the hon'ble supreme court, the ..... , managing and developing mumbai international airport is also closely related to governmental functions as the airport is a conglomerate of various sovereign functions such as customs, immigration, etc. which are intertwined with functions of public importance. vi) specifically, the powers and the functions of the airport authority of india .....