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Bombay High Court Quashes Penalty Orders in Maize Import License Dispute — Actual User Condition Not Violated. Petitioner Trading House Allowed to Import Maize Through Canalizing Agency Without Being Actual User Under Foreign Trade Policy.

The petitioner, Shah Nanji Nagsi Exports Pvt. Ltd., a trading house incorporated in 1919 and engaged in export of rice, oil seed, food grains and puls...

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High Court of Karnataka Quashes Prosecution Against Accused in Customs Act Case Due to Lack of Sanction — Petitioner, a Dubai-based Indian, was prosecuted for alleged smuggling of gold bars without prior sanction under Section 137 of the Customs Act, 1962, rendering the complaint invalid.

The petitioner, Mr. Imtiaz Ahmed, was Accused No.2 in CC No.210/2014 pending before the Principal Sessions Judge (Special Judge), Dakshina Kannada, Ma...

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High Court Quashes Prosecution Against Accused in Customs Act Case for Non-Compliance with Section 138(b) of Customs Act, 1962 — Delay in Filing Complaint Not Explained. Complaint Filed Beyond One-Year Limitation Period Without Any Extension or Explanation, Hence Liable to Be Quashed.

The petitioner, Imtiaz Ahmed, was arraigned as Accused No.2 in CC No.210/2014 pending before the Principal Sessions Judge (Special Judge), Dakshina Ka...

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Bombay High Court Allows Customs Appeals in DEPB Overvaluation Case — Finds No Evidence of Overvaluation or Fraud. Revenue's reliance on market enquiry and statements of third parties insufficient to prove that exported automobile parts were overvalued for DEPB benefits under Customs Act, 1962.

The appellant, M/s Advance Netways Marketing Pvt. Ltd., was an exporter of automobile parts such as door bidding, fuel pump fitting, front suspension ...

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Bombay High Court Dismisses Customs Appeal by Patel Engineering Ltd in Import Misdeclaration Case. Confiscation of Goods and Penalty Upheld for Violation of Sections 111(d) and (m) of Customs Act, 1962.

The appellant, Patel Engineering Ltd, filed a Customs Appeal under Section 130 of the Customs Act, 1962, challenging the concurrent findings of the Ad...

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High Court of Bombay Dismisses Union of India's Challenge to Settlement Commission's Jurisdiction in Customs Duty Evasion Case. Settlement Commission Has Power to Settle Cases Involving Confiscation and Penalty Under Customs Act, 1962, Even Without Quantified Duty.

The Union of India, through the Additional Director General of Revenue Intelligence, Mumbai, filed a writ petition under Article 226 of the Constituti...

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High Court of Bombay Allows Appeal of Commissioner of Central Excise in Central Excise Penalty Case — CESTAT Erred in Holding No Provision for Penalty Under Central Excise Act or Rules. Rule 209 of Central Excise Rules, 1944 Provides for Penalty for Offences Relating to Excisable Goods.

The Commissioner of Central Excise filed an appeal against the order dated 31st March 2005 passed by the Customs, Excise and Service Tax Appellate Tri...

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Bombay High Court Allows Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Non-Supply of Vital Documents. Non-Consideration of Bail Order and Retraction of Statements Violates Right to Make Effective Representation Under Article 22(5) of Constitution.

The petitioner, wife of the detenu Ganesh Maharudra Desai, challenged the detention order dated 6/8/2009 passed under Section 3(1) of the Conservation...

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Bombay High Court Dismisses Petition Challenging Confiscation of Almond Seeds Imported Without Valid Licence. Import of almond seeds under REP licence for 'seeds' held invalid as almonds are not seeds for import purposes under Customs Act.

The petitioner, M/s. M.B. Impex, a sole proprietorship concern, imported a consignment of almond seeds (Non Pareil variety) from California, USA in Fe...