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High Court

Bombay High Court Quashes Demand for Bank Guarantee in Customs Valuation Dispute — SVB Proceedings Must Be Concluded Before Demanding Differential Duty. The court held that the demand for bank guarantee for differential duty on imports from related parties before completion of Special Valuation Branch proceedings is arbitrary and unsustainable under Section 14 of the Customs Act, 1962 and Circular No. 5/2016-Customs.

20 Dec 2022

The petitioner, Pernod Ricard India Private Limited, a company engaged in manufacturing, blending, and selling Indian made foreign liquor, filed a wri...

High Court

Bombay High Court Considers Writ Petition Against Customs Seizure of Imported Engine Oil for Alleged Undervaluation. Petitioner Challenges Investigation and Provisional Release Conditions Requiring Rs.6.7 Crores Bond and Rs.2 Crores Bank Guarantee Under Customs Act, 1962 and Customs Valuation Rules, 2007.

29 Oct 2021

The petitioner, Indosheel Mould Limited, a company based in Coimbatore, imported Mercedes-Benz Engine Oil from Sinopec Lubricant (Singapore) Pte Ltd t...

High Court

Bombay High Court Allows Import of Peas Under Restricted Category Based on Pre-Notification Contracts. Petitioners' goods cleared as contracts entered prior to amendment notification dated 29.03.2019 under Section 3 of Foreign Trade (Development and Regulation) Act, 1992.

15 Oct 2020

The petitioners, M/s. Harihar Collections and M/s. Raj Grow Impex LLP, are engaged in the import and export of agricultural commodities. They imported...

High Court

Bombay High Court Quashes Customs Valuation Order for Violation of Natural Justice — Mandatory Disclosure of Doubts Under Rule 12 of Customs Valuation Rules, 2007 Not Complied With. The court held that the Deputy Commissioner's failure to disclose grounds for doubting declared value in related party import transactions vitiated the assessment order, and remanded the matter for fresh consideration.

10 May 2013

The petitioners, Forbo Siegling Movement Systems India Pvt. Ltd. and another, challenged an order dated 19 March 2013 passed by the Deputy Commissione...

High Court

Karnataka High Court Quashes Communication Rejecting Coal Import Tender Bid as Non-Responsive for Arbitrary Reasons. Subsidiary Company Cannot be Disqualified Based on Parent Company’s Contract Termination When Tender Conditions Do Not Explicitly Bar Reliance on Parent’s Experience, Under Article 14 of the Constitution.

29 Jan 2024

The petitioner, a subsidiary company engaged in coal import and supply, challenged a communication by the Karnataka Power Corporation Limited rejectin...

Tribunals

NCLAT Upholds Preferential Transaction Findings in Insolvency Case — Two Transactions Totaling Rs. 1.60 Crore Held as Preferential Under Section 43 of IBC, 2016. The Tribunal Confirms That Payments Made to Related Parties During the Look-Back Period Are Voidable and Must Be Reversed.

30 Nov -0001

The case involves an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, filed by H.P. Arun Kumar, C.M. Nagaraj, and Usha (Appellants...

High Court

Bombay High Court Considers Reference on Exemption for Bonded Warehouse Sales Under Section 5(2) of Central Sales Tax Act. Legal Issue Concerned Whether Transfer of Documents Before Filing Bill of Entry for Home Consumption Constitutes Sale in Course of Import Before Crossing Customs Frontiers.

8 Feb 2019

The matter concerned two sales tax references made by the Maharashtra Sales Tax Tribunal under Section 61(1) of the Bombay Sales Tax Act, 1959, arisin...

High Court

Bombay High Court Quashes Import Restriction for Areca Nuts — Condition Requiring NOC from FSSAI Held Ultra Vires. Import Policy Condition Violates Article 19(1)(g) and Article 14 of Constitution as It Lacks Statutory Authority and Is Disproportionate.

2 Apr 2019

The petitioner, Siddhi Vinayak, a partnership firm registered under the Indian Partnership Act, 1913, engaged in the import of areca nuts (commonly kn...

High Court

SALES TAX REFERENCE NO. 52 OF 2009

8 Feb 2019

The matter came before the Bombay High Court as two sales tax references arising from the assessment of M/s. Radhasons International, a partnership fi...

Supreme Court

Supreme Court Allows Appeal in Customs Valuation Case — Sequential Application of Valuation Rules Mandatory. Rule 7 and Rule 9 of Customs Valuation Rules, 2007 Cannot Be Applied Without First Considering Rules 4 and 5 for Identical or Similar Goods.

22 Apr 2019

The case involves appeals by M/s. Diyas Mantra Lighting Private Limited and its directors against orders of the Principal Commissioner of Customs (Pre...

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