The Tribunal has the discretion of granting stay and dispensing with the requirement of pre-deposit of duty. Secondly, the argument that under Section 35-C(2A) of the Act, the appeal is required to be heard within 180 days, would also be frivolous as the stay order is not co-terminus with the period prescribed for disposal of the appeal.
Sub-rule (9) of Rule 7 of the said Rules, provides for seizure of infringing goods, if there are reasons to believe that the goods are liable to confiscation in terms of section 111 of the Customs Act, 1962. In this context, it may please be borne in mind that Customs is enforcing laws in personam while protecting intellectual property rights. Thus it is important to make sure that the right holder participates in the Customs proceedings. In case the right holder abstains, the Customs have no obligation to continue with the detention and the goods shall be released forthwith, if otherwise in order.
It is accordingly informed that import of trim cutting waste or fabric trims of continuous length with maximum width restriction of two inches (2″) falling under heading 6310, required for manufacture of chindi rugs shall not be subjected to restrictions imposed by the present policy of ITC (HS) Code 6310 and shall be cleared without an import licence.
The taxman may have to consider naming some top ten stock exchanges around the world as ‘recognised stock exchanges’ for the purpose of Rule 40C, suggest Mr Sanjiv Agrawal and Mr Amitabh Singh, Partners, Ernst & Young, commenting on the new income-tax rule on thevaluation of ESOPs (employee stock options) for the purpose of FBT (fringe benefit tax).
In exercise of the powers conferred by sub-section (1) read with sub-section (5) of Section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with Rules 18, 20 and 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995.
The principal notification No. 73/2003-Customs, dated the 1st May, 2003, was published in the Gazette of India vide number G.S.R. 376(E), dated the 1st May, 2003 and last amended vide notification No. 67/2007-CUSTOMS dated the 11th May, 2007, published vide number G.S.R.343 (E), dated the 11th May, 2007.
Copy of the contract between the importer and the exporter stipulating that the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radio active contaminated, or any other explosive material in any form either used or otherwise.
In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2004-09 and Paragraph 1.1 of Handbook of Procedures (Vol.1), the Director General of Foreign Trade hereby makes the following additions in the Handbook of Procedures, Vol.2, 2004-2009, as amended.
In exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and in supersession of the notifications of the Government of India in the Ministry of Finance (Department of Revenue) No.99/2007(NT)-CUSTOMS, dated the 25th September, 2007 vide number S.O. 1595(E), dated the 25th September, 2007 and notification No.100/2007(NT)-CUSTOMS, dated the 25th September, 2007 vide number S.O.1596 (E), dated the 25th September, 2007.
After giving due consideration to the representations from the exporting community, it has been decided, with approval of C&IM, that exports of Cashew [covered by ITC HS codes 080131 & 080132 (Cashew Nuts & Kernel) and covered by ITC HS codes 20081910 (Cashew nut, roasted, salted or roasted and salted)]; Pepper & Chilly both covered by ITC HS 0904; Cardamoms, covered by ITC HS code 090830 as well as Sesamum Seeds [covered under ITC HS Code 120740 at 6 digit level and ITC HS Codes 12074010 / 12074090 at 8 digit level), i.e. Sesamum Indicum (Sesamum, TIL).3
