Judgment Search Results Home > Cases Phrase: finance act 1978 section 2 income tax Court: customs excise and service tax appellate tribunal cestat calcutta Page 28 of about 286 results (0.274 seconds)

Kamakhya Designer Pvt. Ltd. Vs. Commissioner of Cus.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

..... by ld. dr. perusal of this chart indicates that the drawback claimed is much less than the present market values (pmv), as arrived and found by revenue. section 76 of the customs act provides that no drawback would be eligible, in respect of any goods, the market price of which is less than the amount of drawback due thereon. in ..... this view of the matter, the claims, as made for drawback, cannot be said to be ineligible claims prohibited by section 76 of customs act, 1962 more so. since individual claims per shipping bill is more than rs. 50/-. no other provision for denial of drawback was shown to us.(b) under ..... section 113 of the customs act, 1962, under which the confiscation liability has been arrived, reads as follows: (i) "any dutiable or prohibited goods which are not included or are in excess of .....

Gilloram Gauri Sankar Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (1994)(70)ELT389Tri(Kol.)kata

..... in the case of national harbour launch services v. collector of customs, bombay reported in 1983 (12) e.l.t. 0617 (tribunal), it was held that section 124e of the customs act, 1962 provides for stay only in respect of duty or penalty and there being no explicit provision for recovery of redemption fine, appeal for such stay in respect ..... , the conditions as he or it may deem fit to impose so as to safeguard the interests of revenue." 4. a simple reading of the section shows that under the central excises & salt act, 1944 this court has been empowered to grant stay in respect of duty or penalty only. the argument of the learned advocate as well as the ..... after hearing both the sides we would like to observe that this court has got no powers to grant stay in respect of redemption fine.provisions of section 35(f) of the central excises & salt act, 1944 are reproduced as under:- "where in any appeal under this chapter, the decision or order appealed against relates to any duty demanded in respect .....

Belle Vue Clinic Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2006)(197)ELT120Tri(Kol.)kata

..... fulfill the condition of notification, they have become an ordinary importer and required to pay duty as applicable at the relevant time. in the terms of section 17 of the customs act, after importation of the goods, the goods shall be examined and tested by the proper officer and the duty if any, leviable on such goods ..... fulfilled the conditions of the notification, the importer have become an ordinary importer requiring to pay duty as applicable at the relevant time. in terms of section 17 of the act, after an importer has entered any imported goods the goods shall be examined and tested by the proper officer and after examination and testing, the duty ..... of the condition is violated at any point of time, the goods are liable to confiscation and there is no limitation for taking action under the provisions of section 125 of the customs act. the said provisions are being reproduced below for ready reference : 125. option to pay fine in lieu of confiscation. - (1) whenever confiscation of .....

Creative Polypack Ltd., Giriraj Vs. Commr. of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2007)(217)ELT148Tri(Kol.)kata

..... interest. (b) prior to acceptance by the buyers, the escalation claims were mere claims. lodging of a claim itself did not confer any right to receive the amount. (c) under sections 11a and 11ab interest was payable only from the first day of the month succeeding the month in which duty ought to have been paid and thus the liability for ..... para a/page 61 and para (b) and (d)/page 78 of volume-i). (e) even otherwise and even if interest is to be calculated at the rates notified under section 11ab right from the month after the month of clearance, its quantification came to only rs. 80,024/-. rate of interest under ..... section 11ab notified by the central government was 15% per annum upto 11.9.2003 and 13% per annum from 12.9.2003 (page 91 to 93 of volume ii). (f) .....

M/S. Ispat Alloys Ltd. Vs. Cc, Calcutta

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2001)(77)ECC422

..... the special tools in question should be covered under accessories (condition) rules, 1963. thus accessories (condition) rules, 1963 are extracted below:- in exercise of the powers conferred by section 156 of the customs act, 1962 of (sic) 1962), the central government hereby makes the following rules, namely:- 2. accessories of an spare parts and maintenance of repairing implements (sic) any article, when ..... included in the price of the article. (iii) "licensing authority" means the director general, foreign trade appointed under section 6 of the foreign trade (development and regulation) act, 1992 (22 of 1992) or an officer authorised by him to grant a licence under the said act. (iv) "cif value, in relation to second-hand capital goods, means the cif value of the corresponding .....

Sri Samir Kumar Roy, Sri Subhas Vs. C.C. (Prev), West Bengal,

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2001)(77)ECC427

..... sufficient to show the legal acquisition of the gold by shri ray. as such we are of the view that the onus placed upon the appellant under provisions of the section 123 is discharged to the requisite extent. accordingly we set aside the confiscation of 21 pcs. of gold biscuits belonging to shri samir kr.ray and confiscation of his ..... signed the purchase bill at mumbai and took the delivery of the same personally. they have also disclosed their source of acquisition of gold from m/s pankaj jeweller who acted as a broker.they also revealed that gold in question was legally brought by md.ismail and was cleared on payment. the said defence of the appellant has not ..... . he was intercepted on 16.10.95 and as such the same could not be recorded in his stock book. in any case after abolition of the gold (control) act, 1968 stock book was not maintained regularly as this was not statutorily required. he submits that allegation in the show-cause notice that on subsequent enquiries md. ismail who had .....

G.C. JaIn Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2003)(162)ELT733Tri(Kol.)kata

..... their stand inasmuch as after debiting of the licence, the position becomes irreversible. licence cannot be restored to its original position. the valid order of clearances made under section 47 of the customs act cannot be disturbed because of the irreversible situation. acceptance of advance licences for clearance of bam as adhesive stands absolute and it cannot be repudiated as licences have ..... bam to the benefit of notfn. no. 79/95-cus. on basis of the deec licences/tra produced and allowed. (b) section 15(1)(b) of the customs act provides that in case of goods being cleared from a warehouse under section 68 the rate of duty and tariff valuation, if any, applicable would be the rate or and tariff valuations, applicable on .....

Assam Co. Ltd. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2001)(74)ECC704

..... the appellant are specified as fertilizer in the fertilizer (control) order, the same would properly fall under chapter 31, as is also recognised by the ministry of finance, government of india in the various notifications referred to by the learned advocate for the appellant.in view of foregoing, we set aside the impugned order and allow ..... contended that potassium nitrate will merit classification under chapter 28 only if the item in question is separate chemically defined compound. it is seen that the customs tariff act, 1975 does not define a separate chemically defined compound. as per chapter note 1 to sub-chapter a to chapter 28 of hsn explanatory notes, a separate ..... apply only to the items listed in the said note. one of the items listed is separate chemically defined compounds, whether or not containing impurities. the customs tariff act, 1975 does not define what is a separate chemically defined compounds. as such, reference has to be made to the hsn. it would appear from the hsn .....

M/S. Assam Company Ltd. Vs. Commissioner of Customs,

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2001)(136)ELT743Tri(Kol.)kata

..... the appellant are specified as fertilizer in the fertilizer (control) order, the same would properly fall under chapter 31, as is also recognised by the ministry of finance, government of india in the various notifications referred to by the learned advocate for the appellant.7. in view of foregoing, we set aside the impugned order and ..... contended that potassium nitrate will merit classification under chapter 28 only if the item in question is separate chemically defined compound. it has seen that the customs tariff act, 1975 does not define a separate chemically defined compound. as per chapter note 1 to sub-chapter a to chapter 28 of hsn explanatory notes, a separate ..... apply only to the items listed in the said note. one of the items listed is separate chemically defined compounds, whether or not containing impurities. the customs tariff act, 1975 does not define what is a separate chemically defined compounds. as such, reference has to be made to the hsn. it would appear from the hsn .....

Sheth Enterprises Pvt. Ltd. and Vs. Commissioner of Customs, Kandla

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

..... 00 per meter cif and the same was to be adopted under rule 8 of the customs valuation rules, 1988 read with section 14 of the customs act, 1962 for the purpose of assessment. on this ground it is alleged that the importers had grossly undervalued by declaring cif ..... why these goods valued at rs. 22,71300/- should not be confiscated under section 111 (d), 111(m) and 111(o) of the customs act, 1962 and why a penalty should not be imposed on them under section 112. m/s transworld shipping services (i) pvt. ltd., the shipping ..... however gave an option to the importers to redeem the same on payment of fine of rs. 2.50 lac in terms of section 125. he also imposed a penalty of rs. 7.0 lac on m/s sheth enterprises pvt. ltd. and a penalty of ..... equivalent amount on shri chandrakant sheth, director of the importing company u/s 112 of the customs act, 1962. however he dropped the proceedings against m/s transworld shipping services (i) pvt. ltd.-the shipping agents.5. the present .....