into the
country by tourists and have been imported under
permitted baggage rules. It is claimed that the trademark
Zippo is well-known to Indian ... country
regularly by tourists or have been imported under permitted
baggage rules. He has further stated that the goods of the
CS(OS)No. 1355
have been imported as baggage. The Adjudicating authority had held that:-
40. Regarding the duty proposed under the Baggage Rules, M/s. Ambalal ... could have been imported/smuggled other than through baggage also and therefore, the duty under baggage rules should not be charged. However, I find that
extended concession envisaged
under passenger Baggage Rules thus violating Rule 3 (I) (ii) and
(iii) of CCS (Conduct) Rules 1964 as is evident from ... extended concession envisaged under
passenger Baggage Rules thus violating Rule 3(I) (ii) and (iii) of
CCS (Conduct) Rules 1964 as it is evident from
motor vehicle to a purchaser without registration, whether
temporary or permanent. Rule 47 stipulates as follows :
47 Application for registration of motor vehicles ... case of imported vehicles other than
those imported under the Baggage Rules, 1998, the
procedure followed by the registering authority shall be
same as those
Customs Act, 1962, read with Rule 9 of the Baggage Rules, 1978, framed under Section 79(2) of the Customs
there is a
violation of the Sales and Goods Act and
Baggage Rules of India. Ultimately it is
alleged "that the car was sold
said suitcase. It was further stated that, as per the baggage Rules
& Conditions of Carriage of IndiGo in case of lost baggage, IndiGos
liability ... 2600/- @ Rs.200/- per Kg. according to the Checked
and Cabin Baggage Rules of the OP Airlines, (Mark A). In our opinion, the
learned District
Placed in Library, See No. LT 5729/15/11)
(v) The Baggage (Amendment) Rules, 2011 published in Notification
rules contained in the second schedule to the Act to
all carriages by air (not being an international carriage) and also modified
several rules ... delay in the carriage by air of passengers,
baggage or cargo."
22
22. Rule 134 of the Aircraft Rules 1937 provides that no person
international.
20) The First Schedule to the Act , vide Rule 1, provides that the rules
under this Schedule shall apply to all international carriage ... convention. Sub-Rule 3
defines international carriage. Rule 18 provides for liability of the
carrier for damages. Rule 19 provides for liability of the carrier
