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Essar Steel Ltd. Vs. Union of India (Uoi)

Court : Gujarat

Reported in : [2010]24STT121

..... or to a developer for the purpose of establishing an integrated infrastructure for export production, provisions have been made in the sez act, 2005 granting exemption from taxes and duties, which would otherwise have been leviable in the absence of any provision for exemption from such duties.36.6 section 7 of the act exempts goods or services exported out of or imported into or procured from the domestic tariff area by a unit or developer from the payment of taxes, duties or cess under ..... he has, therefore, submitted that so far as the term 'export' and 'import' are concerned, they will have to be governed by the definitions contained in sections 2(m) and 2(o) of the act of 2005 without regard to their respective definitions under the customs act, 1962.24. ..... in cases of such transaction, for the purpose of levy of export duty, the definition of term 'export' as contained under section 2(m) read with the provisions of section 53 and the provisions of section 7 read with section 26 will assume importance. ..... dealing with this question, three important aspects are to be borne in mind :whether export duty can beimposed under the provisions of the customs act, 1962?whether export duty can be levied under the provisions of the special economic zones act, 2005?whether export duty can be imposed under the customs act, 1962 by incorporating the definition of the term 'export' under the sez act, 2005 into the customs act, 1962?35. .....

P.N. Kaushal and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1978SC1457; (1978)3SCC558; [1979]1SCR122

..... , and beer is fatal both to training and to criticism.only teetotallers can produce the best and sanest of which they are capable.drinking is the chloroform that enables the poor to endure the painful operation of living.it is in the last degree disgraceful that a man cannot provide his own genuine courage and high spirits without drink.i should be utterly ashamed if my soul had shrivelled up to such an extent that i had to go out and ..... there were no guidelines, no indicators, no controlling points whereby the widely-worded power of the excise commissioner (on whom government has vested the power pursuant to section 9) should be geared to a definite goal embanked by some clear-cut policy and made accountable to some relevant principle. ..... harmful drug habits would cause a reduction in crime by at least 20 per cent; not only that, but there would also be cumulative effect on the generations to come, by diminishing poverty, improving home conditions and habits of living and environment, and perhaps even an improvement in heredity itself.abstinence campaigns carried out efficiently and in the proper manner show how crime drops. dr. ..... likewise, the pure food act which prohibited the importation of adulterated food was upheld ..... state action defending the weaker sections from social injustice and all forms of exploitation and raising the standard of living of the people, necessarily imply that economic activities, attired as trade or business or commerce, can be de-recognised as trade or .....

Government of India Vs. Prema Metal Works, Madras and ors.

Court : Chennai

Reported in : 1986(9)ECC247; 1986(26)ELT529(Mad)

..... in six cases where the applications for refund of excess duty were filed in time, the assistant collector considered them on merits and found that the goods imported were stainless steel sheets and, therefore, the duty already levied was in accordance with item 63 (20-a) and such orders of the assistant collector on merits as well as were confirmed by the appellate authority and by the ..... paxal corporation limited, writ appeal 238 of 1978 and writ appeal 7 of 1979, an attempt was made before the revisional authority to show that what was imported was strip', the same was not accepted by the revisional authority on facts, and the revisional authority gave a finding on the basis of well-considered reasoning that the entry in the invoice as 'strips' was a ..... 3993 of 1974 came up for final disposal, was of the view that notwithstanding the rejection of the application for refund of the excess duty as time barred under section 27(1) of the customs act, relief could be granted to the aggrieved party under article 130 of the constitution if the excess levy was found to be illegal. ..... is they who are concerned with it, and it is the sense in which they understood it that constitutes the definitive index of the legislative intention when the statute was enacted. ..... is not followed by the trade, the contention that it has codified the term and concept of stainless 'strips' and 'sheets' and that it represents the popular definition of these terms is not acceptable on the facts of the case. .....

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

Court : Andhra Pradesh

Reported in : 2010(174)LC169(AP)

..... squarely fall within the definition of 'importer' and it is altogether a different question whether being importer tejas stands excluded from ..... ascribing plain meaning to the definitions, any domestic producer who is not importer, exporter, who is not related to such exporters or importers, manufactures a major portion of the total domestic production - say more than 50%, then only such producer can be qualified as 'domestic industry' to initiate investigation under ..... under section 9b(1)(b)(ii) of the act, the central government shall not levy add on any article imported into india from a member of world trade organisation (wto) or from a most favoured nation unless the central government makes determination that import of such article causes material injury to any ..... in relation to (a) purchase policy including long term contracts for major materials; (b) sales policy indicating marketing/distribution channels, commission/discount policy, credit terms; (c) store accounting and inventories/stock/wip valuation; (d) quality control procedure and tests being conducted; (e) details of job work done or got done during the investigation period, and (f) process flow diagram. ..... preliminary objections on 16.6.2009 requesting da to treat them as indian producer, call for data/information from other companies to determine whether tejas is qualified to submit anti-dumping petition and reject the definition/criteria for classifying domestic producers as provided by tejas in their petition. .....

The State of Andhra Pradesh Vs. the Dunlop Rubber Co. (India) Limited ...

Court : Andhra Pradesh

Reported in : [1960]11STC632(AP)

..... , said in paragraph 35 of the judgment:- we are not called upon to express any opinion as to whether the incorporation of the provisions of article 286 of the constitution in the charging section as it was done in the assam sales tax act, 1947, or in the definition of 'sale' as it was done in the hyderabad general sales tax act, 1950, or even in the rules in regard to the calculation of the taxable turnover as it was done in the bombay sales tax rules, 1952, had the effect of taking the ..... a different device, for instance, the assam sales tax act, 1947, made an addition to the charging section 3 of the act by inserting the following, section 3(1-a) to the same effect:nothing in sub-section (1) shall, except in cases covered by the first proviso to sub-section (12) of section 2 of this act be deemed to render any dealer liable to tax on the sale of goods where such sale takes place:-(i) outside the state of assam;(ii) in the course of the import of the goods into or export of the goods out of, the ..... to refer to the terms thereof:-article 286 no law of a state shall impose, or authorise the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place,(a) outside the state; or(b) in the course of the import of the goods into, or export of the goods out of, the territory of india.explanation: for the purpose of sub-clause (a), a sale or purchase shall be deemed to have taken place in the state in which the goods have actually .....

Anakala Maddileti Vs. Govt. A.P., Home Department, Hyderabad and Other ...

Court : Andhra Pradesh

Reported in : 1999(5)ALD258; 1999(2)ALD(Cri)348; 1999(4)ALT743; 1999CriLJ4126

..... of the detenu and his henchmen and the offences committed by the detenu would fall under chapters xvi, xvii and xxii of ipc and as such, the detenu is a goonda within the meaning of section 2(g) of the act no.1 of 1986 and in order to prevent the activities of the detenu which are prejudicial to the maintenance of public order, the order of detention is passed.writ petition no.8718 of 1999 :one ..... . section 2 of the said act postulates 'definitions' and it reads thus :(2) definitions : in this act, unless the context otherwise requires - (a) 'acting in any manner prejudicial to the maintenance of public order' means when a boot-legger, a dacoit, a goonda, an immoral traffic offender or a land-grabber is engaged or is making preparations for engaging, in any of ..... scale would ultimately lead to dwindling of the forest area and result in deforestation which is now the concern of the society which of late has realised the importance of maintainingecological balance ..... . it is also submitted that not only the valuable lives of the forest officials are at stake as a result of the smuggling activities indulged in by these detenus along with their supporters but the valuable forest wealth is also lost, and ..... the other accused persons got down from the lorry att 2530 with swords and chased the forest officials who fled away to protect their lives ..... with swords and charged the complainant and the forest staff who were unarmed and defenceless fled away from the scene to protect their lives .....

The State of Andhra Pradesh Vs. Bazar Industries

Court : Andhra Pradesh

Reported in : [1989]73STC186(AP)

..... the explanation appended to the schedule says that item 5 shall have the same meaning as is assigned to these words in the additional duties of excise (goods of special importance) act, 1957. ..... a reading of this definition shows that artificial silk fabrics include, inter alia, fabrics impregnated, coated or laminated with preparations of cellulose derivatives or of other artificial plastic materials. ..... at the relevant time the entry in the 1957 act reads thus : (we are extracting the entry from the order of the tribunal about the correctness of which there is no dispute before us. ..... general sales tax act. 6. ..... general sales tax act. 2. .....

Yakub Abdul Razak Memon Vs. State of Maharashtra Th:cbi Mumbai

Court : Supreme Court of India

..... . it is important to notice the objects and reasons of the said amendment to understand that the underlying purpose of introducing section 120-a was to make a mere agreement to do an illegal act or an act which is not illegal by illegal means, punishable ..... , between 13:33 to 15:40 hours, a series of 12 bomb explosions took place one after the other at the following twelve places in bombay, namely, bombay stock exchange, katha bazaar, sena bhavan, century bazaar, mahim causeway, air india building, zaveri bazaar, hotel sea rock, plaza theatre, juhu centaur hotel, air port bay-54 and air port centaur hotel. ..... . in the light of the definition clause, namely, judgment though the same has not been explained in the code, the procedure to be followed both in the civil and criminal cases are all acceptable ..... the offences under sections 3 & 4 read with section 6 of the explosive substances act on the count of, from 03.02.1993 onwards, providing premises, having procured, concealed, aided and abetted tiger memon and his associates for smuggling arms, ammunitions and explosives into the country for commission of terrorist act and also by having in his possession and control explosive substances like handgrenades and detonators with an intent, and by means thereof, to endanger the lives and for ..... in the abovesaid incident of serial bombings, 257 human lives were lost, 713 persons were seriously injured and properties worth about rs. .....

S. Jagannath Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC811; 1997(1)Crimes189(SC); JT1997(1)SC160; 1997(5)SCALE406; (1997)2SCC87; [1996]Supp9SCR848

..... supply and drainage canals; pond preparation methods carefully followed; regular and periodic water exchange as required; pond aerators (paddle wheel) at 8 per ha; generally imported feed with fcr better than 1:1.5 or high energy indigenous feeds; applications of drugs and chemicals when need arises; regular monitoring and management stocking density 15-25/m2.intensive ponds 0.25-0.30 ha in size; management practices as above; 4 aerators in each pond; salinity manipulation as possible; central drainage system to remove accumulated sludge ..... living creatures, plants, microorganism and property; (b) 'environmental pollutant' means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment; (c) 'environmental pollution' means the presence in the environment of any environmental pollutant; (e) 'hazardous substance' means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organism, property or the environment; sections 7 and 8 of the environment act ..... the effluents discharged by the commercial shrimp culture farms are covered by the definition of environmental pollutant, environmental pollution and hazardous substance. ..... thereafter, in 1987 the concept was given a definite shape by the world commission on environment and development in its report called 'our common future'. .....

Essa @ Anjum Abdul Razak Memon Vs. State of Maharashtra Tr.Stf,cbi Mum ...

Court : Supreme Court of India

..... the contents even prior to the landing of the goods at dighi jetty which fact is clearly discernible from his own confession and confession of a-134; (iii) the appellant was given the important task of safe landing and its transportation to respective destinations; (iv) the appellant was coordinating with the launch which fact is duly corroborated even by the depositions; (v) the appellant negotiated with police ..... 13 scc 211.considered the definition of juvenile given under section 2 (k) & (l) for offences committed prior to 01.04.2001 when the j.act came into force and held that by virtue of the amendment introduced in section 20 of the j.act, particularly, putting the proviso and explanation to section 20 of the act made explicit that in all pending cases including trial, revision, appeal and any other criminal proceedings in respect of a juvenile in conflict with law, the j.act would apply retrospectively as if ..... meetings at the residence of babloo @ nazir ahmed anwar shaikh and mobina @ bayamoosa bhiwandiwala (a-96) and was a part of the core group making plans; (iii) the appellant surveyed and conducted reconnaissance of the stock exchange building and bmc building along with a-44, pw-2 and javed chikna (aa) which were the proposed targets of explosion; and (iv) the appellant was present at al-hussaini building in the intervening night of 11/12th march ..... 2 reveals that while they were on their way, they spotted a live detonator in the van which exploded as soon as it was thrown .....