Avani vs Commissioner on 2 July, 2012
Bench: Bhaskar Bhattacharya , J.B.Pardiwala
Gujarat High
Customs Act, 1961 [" Customs
Act " for short] Under Sec. 62 of the Customs Act, under the
control of Proper Officer over the warehoused ... agents inwarding the vessel in customs.
Bill
of Entry:
Sec.
2[4] of the Customs Act, 1962 defines 'bill of entry' to
mean
with provisions of Chapter-VIII of
the Act . "Customs area" has been defined under section
2(11) of the Customs Act to mean ... customs station and
includes any area in which imported goods or export goods are
ordinarily kept before clearance by Customs Authorities. Customs
area is defined
license,
the importation into 8 [India] 9
[across any customs frontier
defined by the Central
Government] of any specified
poison, and may by rule regulate ... conditions of a
license, the importation into India
across any customs frontier defined
by the Central Government of any
specified poison, and may by rule
petitioner contends that having regard to the provisions of the Customs Act of 1962 the place of importation would have a different connotation ... point of time when the vessels enter the Indian customs waters" as defined in section 2(28) of the Customs
authority to do so. Section
2(34) of the Customs Act, 1962 defines the term
"proper officer" as under ... proper officer is one, who is
defined in section 2(34) as the officer of Customs,
either by the Board or by the Commissioner
2010 CAV JUDGMENT
the duty free shops which are not within the customs frontiers
of India. The decision of the Karnataka High Court ... import into the territory of India. Article 1(3) of the Constitution
defines the territory of India. The gas wells and the Offshore
Platform
Duties of customs including export duties". Section 12 of
the Customs Act is the charging section which provides for levy of
customs duty ... custom duty on such goods at the rate
expressed in a form of method that provides for statutory custom
duty. [Refund of custom duty paid
Nawab AIR 1941 PC 21, the English rule that "a custom in order that it may be legal and binding must have been used ... followed in Bari Rajeshwar v. Tukaram Lahanu 61 Bom LR 1041 :. Custom is defined in the Hindu Marriage Act, 1955 , in Section
petitioner contends that having regard to the provisions of the Customs Act of 1962 the place of importation would have a different connotation ... point of time when the vessel enters the "Indian customs waters" as defined in Section 2(28) of the Customs