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Supreme Court Allows Appeal in Customs Valuation Dispute — Mandamus Issued to Assess Imported Scrap on Transaction Value. Court Holds That Declared Transaction Value Must Be Accepted Unless Proper Officer Follows Procedure Under Section 14 and Rule 12 of Customs Valuation Rules, 2007.

The appellants, Century Metal Recycling Pvt. Ltd. and Gauri Shankar Agarwala, filed a writ petition before the Allahabad High Court challenging the pr...

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WRIT PETITION NO.2031 OF 2018

This writ petition under Article 226 of the Constitution of India was filed before the High Court of Judicature at Bombay challenging the constitution...

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Bombay High Court Dismisses Petition Challenging Clarification Denying Kar Vivad Samadhan Scheme Benefit to Warehoused Raw Materials. Customs Authorities' Orders Declining KVSS Benefit for Imported Raw Materials Stored in Bonded Warehouse Upheld as Per Ministry Clarification.

The petitioners, ex-partners of M/s. Zuari Stainless Steel Industries, a 100% export-oriented unit, imported raw materials (steel sheets in coils) whi...

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Bombay High Court Dismisses Customs Appeal in Classification Dispute. Tribunal's finding that catalyst is distinct from consumable upheld; extended limitation period not applicable without willful mis-declaration.

The case involves an appeal by the Commissioner of Customs (Export) against Reliance Industries Limited. The dispute centered on the classification of...

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Karnataka High Court Delivers Order on Writ Petitions Challenging DGFT Policy Circulars on SEIS Eligibility and Show Cause Notices. The Court Addresses the Ultra Vires Nature of Circulars No. 06/2018 and 08/2018 under Foreign Trade Policy 2015-2020.

Two writ petitions were filed before the Karnataka High Court challenging the validity of Policy Circulars No. 06/2018 dated 22.05.2018 and No. 08/201...

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Bombay High Court Quashes Show Cause Notice in Customs Duty Demand Case Due to Inordinate Delay — 9-Year Delay in Adjudication Violates Principles of Natural Justice and Is Oppressive Under Customs Act, 1962.

The petitioner, Eastern Agencies Aromatics (P) Ltd., a company registered under the Companies Act, 1956, filed a writ petition challenging a Show Caus...

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Bombay High Court Allows Writ Petition Challenging Recovery of Customs Duty After Inordinate Delay. Demand notice under Section 72(1) of Customs Act, 1962 cannot be enforced after five years of inaction by customs authorities.

The petitioner, Anu Products Ltd., filed a writ petition under Article 226 of the Constitution before the Bombay High Court, aggrieved by a recovery i...

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Bombay High Court Upholds Penalty for FEMA Violations in Bogus Export Case — Appellant Director Held Liable for Receiving Remittances Without Actual Exports Under Sections 3(b) and 3(d) of FEMA.

The case involves an appeal under Section 35 of the Foreign Exchange Management Act, 1999 (FEMA) against an order of the Appellate Tribunal for Foreig...

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Bombay High Court Allows Writ Petition for Release of Imported Container Without Payment of Full Rent and Demurrage for Re-export — Petitioner Not Liable for Charges After Customs Clearance Refusal Due to Misdeclaration

The petitioner, Sahaj Impex, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a direction to ...