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Judgment Search Results Home > Cases Phrase: customs act 1962 Court: income tax appellate tribunal itat delhi Page 1 of about 572 results (0.080 seconds)

Mar 25 1988 (TRI)

Godore Tools (India) (P.) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1988)25ITD193(Delhi)

..... tribunal having a bearing on these incentives (lists given). he submitted that dbk was given under section 75 of the customs act, 1962 and section 37 of the central excises & salt act, 1944 and the rules framed thereunder. he submitted that dbk was discretionary as to the products and that it was ..... manufactured in india and exported, dbk as defined in rule 2(a) of the customs & central excise duty drawback rules, 1971 (framed under section 75 of the customs act, 1962 and section 36 of the central excise & salt act, 1944) means the rebate of duty chargeable on any imported materials or exciseable materials ..... of such goods in india. this definition occurs in rule 2(a) of the customs and central excise duties drawback rules, 1971 framed under section 75 of the customs act, 1962 and section 36 of the central excise and salt act, 1944. so far as ie is concerned, it also has a statutory basis ..... in so far as it is given under an order made under section 3 of the imports and exports (control) act, 1947. through the ..... central excise duties paid on domestically produced inputs which enter into export production. this is a world-wide practice and the rationale is straightforward. customs duties and excise duties on inputs raise the cost of production in export industries and thereby affect the competitiveness of exports. therefore, exporters need .....

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Jan 31 1991 (TRI)

Escorts Tractors Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1991)37ITD13(Delhi)

..... under section 28 within the specified period and accordingly the authorities could not recover the amount from the assessee under section 147 of the customs act, 1962 until a demand was created under section 28(2). section 28 of the customs act, 1962 is quoted hereunder for ready reference: 28. notice for payment of duties not levied, short-levied or erroneously refunded:-- (1) when any duty ..... 28(1) without assessee filing any objection in this regard. assessee is seeking deduction on the basis of notices issued under section 28( 1) of the customs act, 1962 on the ground that the liability to pay customs duty has accrued during the year the show-cause notices have been received.we are unable to accept this contention of the assessee as it is ..... was paid by the assessee accordingly. on some of the items exemption claimed by the assessee was allowed by the authorities. subsequently, the assistant collector of customs issued notices under section 28(1) of the customs act, 1962 known as 'less charge demand notices' inviting objections from the assessee as to why a sum of rs. 27,02,757 may not be recovered from ..... . ltd. [19781 112itr734, the bombay high court has held that deduction on account of export duty would be permissible under the provisions of income-tax act, 1961 in the year the demand is received under the customs act, 1962. contrary view that assessee would not be entitled to deduction in the year the demand is created is not in consonance with the view expressed .....

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Jun 12 1998 (TRI)

JaIn Exports (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1999)68ITD126(Delhi)

..... stands established as a result of the final verdict given by the hon'ble sc. the redemption fine paid by the assessee for violation of the relevant provisions of the customs act, 1962 is therefore clearly in the nature of penalty which has been confirmed by the hon'ble sc on account of non-bona lied conduct of the assessee.8.2 the ..... principles laid down by the hon'ble sc in that case. one will have to examine the nature of the redemption fine in the light of the provisions of the customs act, 1962 with a view to find out whether it is penal in nature or compensatory in nature. he submitted that the redemption fine paid by the assessee for illegal import of ..... . held, that, in the instant case, the goods belonging to the assessee had been confiscated under section 111(d) of the customs act, 1962, read with section 3 of the imports and exports (control) act, 1947. however, under section 125 of the custom act, 1962, an option had been given to the owner-assessee to pay, in lieu of such confiscation, a fine of rs. 1,84 ..... prakash cotton mills (p.) ltd (supra) cannot be automatically be applied for holding that redemption fine levied under section 125 of the customs act, 1962 is compensatory in nature. we have examined the scheme of the provisions contained in the customs act, 1962 and have arrived at the conclusion that such redemption fine cannot be treated as compensatory in nature but it is a punitive measure .....

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Aug 05 1999 (TRI)

Ms. Reena H. Mirchandani Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

..... described in the panchnama. the judicial magistrate took cognizance and recorded a finding that there were sufficient grounds against the accused under ss. 132 and 135(1)(a) of the customs act, 1962 vide order dt. 30th september, 1988. hence the accused ms. reena mirchandani, the assessee, was held guilty of offences punishable under the above sections and she was convincted ..... the judicial magistrate took cognizance and recorded a finding that there were sufficient grounds to proceed against the accused for offence under ss. 132 and 135(1)(a) of the customs act, 1962. by the judgment dt. 30th september, 1988, the accused was held guilty for offences punishable under the above sections and she was convicted accordingly.3. in the meanwhile the ..... 1980 dismissed these appeals. the petitioner has further stated that in the meanwhile, the state of madhya pradesh initiated criminal proceedings under s. 125 r/w s. 111 of the customs act, 1962, and the learned chief judicial magistrate, durg, by his order convicted the petitioner and awarded one year's rigorous imprisonment. thereafter, on 2nd november, 1982, the petitioner filed an ..... central excise, jagpur, dt. 25th december, 1975, there was confiscation of foreign watches from the house of the petitioner and levy of penalty of rs. 2 lakhs under the customs act., 1962. accordingly, the ito issued a notice calling upon the assessee to show cause why the value of the watches seized from his residence should not be treated as his income .....

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Aug 31 2005 (TRI)

Deputy Commissioner of Income Tax Vs. Royal Jordanians Airlines

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)283ITR28(Delhi)

..... taxation in other fields of taxation. this is apparent from the fact that union of india and states are not immune from taxation under central sales-tax act, 1956, custom act, 1962 and central excise and salt act, 1944. the reference to relevant provisions will be made hereafter at appropriate place. further, it is important to note that art. 285 of the constitution of india ..... , supplies or distributes goods shall be deemed to be a dealer. thus sales made by government in the course of inter-state trade is not immune from taxation.65. similarly, customs act, 1962, by virtue of s. 12, levies duty on goods imported into or exported from india. this provision has specifically been applied to goods belonging to the government.66. similarly, central ..... out that rja had to pay all the charges levied by airport authority of india while operating on indian airports. it had to comply with air carriages act of india, indian custom laws, indian explosives act, pota and so on. if there was no royal immunity in relation to those provisions, there was no reason why such immunity should be claimed in relation ..... there are provisions of section 11 to deal with the question of taxation. section 11 of the immunity act reads as under: "11. a state is not immune as respects proceedings relating to its liability for-- (a) value added tax, any duty of customs or excise or any agricultural levy. (b) rates in respect of premises occupied by it for commercial purposes .....

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Feb 21 1994 (TRI)

Vikas Chemicals Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1994)50ITD233(Delhi)

..... imported under the various rep licences and this is the reason that, they had proceeded to invoke the provisions of section 11 l(d) of the customs act, 1962. he submitted that, it is in continuation of the process of confiscation that, they had called upon the assessee to pay the redemption fine and ..... the net margin of profit available is rs. 1,15,37,243.12. against the aforesaid confiscation i give an option under section 125 of the customs act, 1962 to m/s vikas chemicals, new delhi, an option to pay a fine of rs. 90 lakhs in lieu of confiscation within a period of ..... for the sake of facility.having carefully considered all the relevant facts and circumstances of the case, i order confiscation under section 111(d) of the customs act, 1962 of isabutanol weighing 629.250 mt of cif value rs. 29,62,486.70.the market value of isabutanol is rs. 30 per kg. and accordingly ..... as either not leviable or as excessive. he made reference to the provisions of sections 125 and 126 of the customs act, 1962 and to the observations contained therein from the treatise on customs law by beotra 5th edition.19. shri gupta contended that, the assessee had replied to the show-cause notice issued ..... the penalty under section 125 of the customs act, which if not so paid, the goods were liable for confiscation under section 126 of the customs act, 1962. he pleaded that, since the assessee did not opt for the fine, because, it was claiming that .....

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Dec 13 1994 (TRI)

income-Tax Officer Vs. Lall'S Gem Exports

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1995)52ITD385(Delhi)

..... meaning of explanation (aa) to section 80hhc. we will have, therefore, to refer to the customs act of 1962. under section 2(13) of the said act custom station has been defined to mean any custom port, customs airport or in land custom station. sections 50 and 51 of the customs act, 1962 deal with the clearance of export goods. these sections are reproduced hereunder: 50. entry of goods ..... way of sale or otherwise in shop, emporium or any other establishment situate in india not involving clearance at any custom station as defined in the customs act, 1962 (52 of 1962).the expression 'not involving clearance at any custom station' as denned in the customs act of 1962 has been considered by 'b' bench of the tribunal in the case of gem arts (supra) where it has ..... emporium or any other establishment situate in india but for those goods which involve clearance at any custom station as defined in the customs act, 1962 (52 of 1962). the traders selling goods to the foreigners against foreign exchange generally take an undertaking from the buyers that such goods are meant to be taken outside ..... not include any transaction by way of sale or otherwise, in a shop, emporium or any other establishment situate in india, not involving clearance at any custom station as defined in the customs act, 1962 (52 of 1962).the explanation referred to above excludes from the definition of 'export out of india' such goods which have been sold by the assessee in a shop, .....

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Sep 15 2004 (TRI)

ito Vs. Prakash Chand Lunia

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)1SOT392(Delhi)

..... who organized the entire smuggling of silver. he not only confiscated the silver seized but imposed a penalty under section 112(d) of the customs act, 1962 amounting to rs. 25 lakhs in the case of shri p.c. lunia. the assessing officer mentioned in his order that the appellant had ..... dayal, i.e., the assessee and his son viswanath have themselves admitted in their voluntary statements under section 108 of the customs act, 1962 of having knowledge about the dealings in smuggled silver delivered to them by shri prakash chand lunia through one chhoggan bhai on ..... lakhs under section 112(a) of the customs act, 1962 besides confiscating the silver and cash found and seized by the dri authorities under section 111(a) of the customs act, 1962. keeping in view all these facts including the specific finding recorded by the collector of customs in his appellate order, a notice under ..... chief judicial magistrate, narnaul held both of them guilty and convicted them for commission of offence punishable under section 135(b)(ii) of the customs act observing that the contraband silver seized by the dri authorities was possessed by accused shri bishan dayal and was owned by shri prakash chand ..... chief judicial magistrate, narnaul held both of them guilty and convicted them for commission of offence punishable under section 135(b)(ii) of the customs act observing that the contraband silver seized by the dri authorities during the intervening night of 5th & 6-1-1992 was possessed by accused shri .....

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Mar 30 1996 (TRI)

Indian Delco (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)59ITD268(Delhi)

..... to which this section applies and which are exported out of india, but does not include freight or insurance attributable to the transport of the goods or merchandise beyond customs act, 1962 (52 of 1962).6.8 it is further clarified in section 80hhc itself that the goods or merchandise should be exported out of india. the words exported out of india are not ..... ' shall not include any transaction by way of sale or otherwise, in a shop, emporium or any other establishment situate in india, not involving clearance at any customs station as defined in the customs act, 1962 (52 of 1962);]" 21. according to the learned counsel transactions other than those specifically excluded by this explanation from the term "export out of india" would necessarily be included ..... , but cumulative. it is an accepted fact in this case that the goods have not crossed the territorial boundaries of india and for that matter the customs station as defined in section 2(13) of the customs act, 1962. in ordinary terms the word "export" means sending goods outside a country by land, sea or air. in the present case, the goods admittedly were .....

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Nov 22 2004 (TRI)

Smt. Mona Rai Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)93ITD30(Delhi)

..... of goods for export from india to amsterdam." 3. coming to the legal; position the ao referred to the provisions of section 50 of customs act, 1962 according to which it is mandatory upon any exporter of any goods to make entry thereof by presenting a shipping bill or bill of export ..... otherwise, in a shop, emporium or any other establishment situate in india, not involving clearance at any customs station as defined in the customs act, 1962 (52 of 1962);" the above clause was inserted by finance (no. 2) act. 1991 w.e.f.1.4.86. prior to insertion of this clause, there was a ..... , it would be appropriate to refer the relevant provisions of the above enactments. the relevant provisions of customs act, 1962 are reproduced as under: the provisions of this chapter shall not apply to (a) baggage, and (b) goods imported or to ..... of claiming deduction under section 80hhc of the act. the business of import and export in india is totally governed by the provisions of customs act, 1962 as well as foreign exchange regulation act, 1973 (fera) and, therefore, no goods for export can leave indian territory without the custom clearance. in order to appreciate the controversy ..... apply to baggage. at this stage, a query was raised whether there are any provisions, for declaration of the contents of the baggage, in the customs act or rules made thereunder. in response to the same, it was stated that there is no such provision.6. lastly, it was contended that provisions .....

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