Search Results for "willful mis-declaration"

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Search Results for "willful mis-declaration"

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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 Dismisses Revenue's Appeal in Customs Classification Dispute — Extended Limitation Period Not Invokable Without Evidence of Suppression. CESTAT's finding that there was no misdeclaration or suppression of facts by the importer upheld, and the demand for differential duty beyond normal period was barred by limitation under Section 28 of the Customs Act, 1962.

21 Sep 2022

The Principal Commissioner of Customs (Import) filed an appeal under Section 130 of the Customs Act, 1962 against an order of the Customs Excise and S...

Supreme Court

Supreme Court Upholds Farmers' Insurance Claim in Cold Storage Fire — Insurer Liable Despite No Privity of Contract. Farmers are Consumers Under Consumer Protection Act, 1986, and Insurance Company Must Pay for Loss of Stored Agricultural Produce.

31 Jan 2020

The case involves multiple appeals arising from a common order of the National Consumer Disputes Redressal Commission regarding a fire that occurred o...

High Court

Bombay High Court Dismisses Customs Appeal Against CESTAT Order Setting Aside Penalty and Confiscation. Import of Vessels for Offshore Exploration Not Liable to Penalty Under Customs Act for Alleged Misdeclaration of Value.

13 Jul 2017

The Commissioner of Customs (Imports), Mumbai, filed an appeal under Section 130(1) of the Customs Act, 1962 against a common order dated 14th August ...

High Court

High Court of Karnataka Dismisses Revenue Appeal in Central Excise Case — Limitation Bar and Exemption Eligibility Upheld. CESTAT's finding of bona fide belief based on Commissionerate clarification and acceptance of CSIO/ADA certificate for exemption under Notification No.10/97-CE sustained.

8 Feb 2017

The appeal was filed by the Commissioner of Central Excise, Bengaluru-V Commissionerate, against the order dated 08.01.2015 passed by the Customs, Exc...

High Court

Bombay High Court Dismisses Petition Challenging Condition in Customs Circular Requiring Bank Guarantee for Accredited Importers. Condition Requiring Bank Guarantee for Differential Duty in Provisional Assessment Held Valid as Reasonable Safeguard Under Customs Act, 1962.

8 Nov 2011

The petitioner, Shah Pulp & Paper Mills Limited, challenged the legality and validity of a condition contained in paragraph 7(iii) of a circular issue...

High Court

Bombay High Court Allows Writ Petition Challenging Cancellation of Export Authorization Registration Certificates for Cotton Exports. The Court held that the Textile Commissioner's power to cancel EARC must be exercised within the framework of the Foreign Trade Policy and the Foreign Trade Development and Regulation Act, 1992, and that cancellation without notice and without valid reasons was arbitrary and violative of principles of natural justice.

19 Jul 2011

The petitioners, M/s. Euroflax Industries and Shri Anuj Mittal, were engaged in the business of exporting raw cotton to foreign buyers, primarily in H...

High Court

Bombay High Court Quashes Cancellation of Export Authorization Registration Certificates in Cotton Export Case — Violation of Natural Justice. Registration Certificates Cancelled Without Show Cause Notice or Hearing, Violating Principles of Natural Justice Under Foreign Trade Policy.

19 Jul 2011

The petitioners, M/s. Euroflax Industries and Shri Anuj Mittal, were engaged in the export of raw cotton to Hong Kong and China. On 17 August 2010, th...

High Court

Bombay High Court Dismisses Writ Petition Challenging Extended Period Demand Under Section 11A of Central Excise Act — Suppression of Facts Justifies Extended Limitation. Forgings Classified Under Chapter 84 as Machinery Parts, Not Eligible for Exemption Under Notification No.223/88.

24 Aug 2010

The Bombay High Court dismissed a writ petition filed by M/s Rajkumar Forge Limited and its director challenging orders of the Commissioner of Central...

High Court

Bombay High Court Dismisses Revenue Appeal in Customs Mis-declaration Case — Extended Limitation Period Not Invocable Without Proof of Fraud or Collusion. Importer's Mis-declaration for Claiming Notification Benefit Does Not Automatically Attract Penalty Under Section 114A of Customs Act, 1962.

22 Sep 2005

The appeal was filed by the Commissioner of Customs (Revenue) against the order of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) w...

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