Search Results for "Section 28AB"

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Search Results for "Section 28AB"

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High Court

Bombay High Court Examines Rejection of Settlement Applications by Customs Settlement Commission for Non-Compliance with Section 127B of Customs Act, 1962. Petitioners Argued That Non-Payment of Interest Under Repealed Section 28AB Could Not Be Ground for Rejection, and Orders Were Arbitrary.

9 Oct 2015

The petitioners, a father-son duo engaged in importing old and used cranes, faced three show cause notices issued by the Directorate of Revenue Intell...

Supreme Court

Supreme Court Holds Customs Duty Payable on Redemption of Confiscated Goods Under Section 125 of Customs Act, 1962 — Interest Under Section 28AB Also Attracts. Redemption fine does not substitute duty; duty and interest are separate liabilities.

23 Jul 2024

The Supreme Court adjudicated two questions arising under the Customs Act, 1962: whether customs duty is payable when confiscated goods are redeemed a...

High Court

Bombay High Court Allows Writ Petition Challenging Seizure and Confiscation of Medical Equipment Imported Under Customs Duty Exemption — Limitation Period Under Section 110(2) of Customs Act, 1962 Mandates Return of Seized Goods if No Notice Issued Within Six Months

28 Jul 2022

The petitioners, Insight Diagnostic Oncological & Research Institute Private Limited and Dr. Anil V. Purohit, imported a Computerised Treadmill on 11 ...

High Court

Bombay High Court Allows Writ Petition Against Settlement Commission in Customs Duty Case — Petitioner's Full Disclosure and Cooperation Justifies Settlement. Settlement Commission's Rejection of Application for Non-Disclosure of Additional Amounts Set Aside as Unreasonable Under Section 127B of Customs Act, 1962.

15 Sep 2022

The petitioner, Mahindra & Mahindra Ltd., is engaged in the manufacture of vehicles in India. It filed four applications before the Settlement Commiss...

Supreme Court

Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

13 Dec 2024

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

High Court

Bombay High Court Dismisses Writ Petition Against Settlement Commission's Interest Order Under Customs Act. Settlement Commission Directed Interest Under Section 28AB After Amendment Removed Power to Grant Immunity; Court Holds Mandatory Interest and No Jurisdiction to Waive.

23 Jan 2013

The dispute concerned the power of the Settlement Commission to grant immunity from interest under the Customs Act, 1962 after its amendment in 2007. ...

High Court

Bombay High Court Allows Writ Petitions Challenging Customs Duty Demand on Jewellery Exports from SEZ — Held that goods manufactured in SEZ and exported are not liable to customs duty under Section 2(23) of the Customs Act, 1962 read with SEZ Act, 2005. The court ruled that the SEZ Act, 2005 is a complete code and overrides the Customs Act, and the demand of duty was contrary to the scheme of the SEZ Act.

19 Nov 2022

The petitioners, M/s. Renaissance Global Limited and M/s. Gold Star Jewellery Designs Pvt. Ltd., are companies engaged in the manufacture and export o...

High Court

Bombay High Court Partially Allows Customs Appeal in Vessel Confiscation Case — Reduces Fine from Rs.1 Crore to Rs.5 Lakh Upheld as Not Perverse. Court holds that reduction of fine for confiscated vessel and setting aside of fine for mixed diesel are based on evidence and not arbitrary under Customs Act, 1962.

3 Aug 2010

The Commissioner of Customs (Import), Mumbai, filed an appeal under Section 130 of the Customs Act, 1962, challenging the order dated 5 August 2008 of...

Supreme Court

Supreme Court Refers Conflict Between High Courts on Settlement Commission Jurisdiction Under Customs Act — Personal Liberty and Right to Settle Disputes Under Chapter XIVA of Customs Act, 1962. The Court directed the matter to be placed before the Chief Justice of India due to divergence of opinion between Bombay and Delhi High Courts on whether an accused can approach the Settlement Commission after arrest.

4 May 2023

The present writ petition was filed by Yamal Manojbhai, a Non-Resident Indian (NRI), under Article 32 of the Constitution of India, raising an issue o...

Supreme Court

Supreme Court Dismisses Appeal of 100% EOU in Customs Duty Case for Unauthorized DTA Sales of Cut Flowers. Cut Flowers Held Non-Excisable, Duty Leviable on Inputs Under Notification No. 126/94-Cus as Amended, Extended Limitation Period Invoked for Wilful Suppression.

1 Sep 2020

The appeal arises from a dispute between M/s. L.R. Brothers Indo Flora Ltd., a 100% Export Oriented Unit (EOU) engaged in floriculture, and the Commis...

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