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High Court

High Court of Karnataka Quashes Show Cause Notice in Customs Duty Exemption Case — Petitioner Entitled to Concessional Rate for Gold Dore Bars Imported for Refining. Proper Officer's Acceptance of Self-Declaration Precludes Reopening of Assessment Without Fresh Material Under Notification No.12/2012-Customs.

11 Jan 2016

The petitioner, M/s Rajesh Exports Limited, an importer, manufacturer, and exporter of gold jewellery, imported gold dore bars containing impurities f...

High Court

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.

13 Mar 2019

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...

High Court

Bombay High Court Dismisses Appeal in Customs Duty Exemption Case - Cess Under Textile Committees Act Not Part of CVD. Cess under Section 5 of Textile Committees Act, 1963 is not includable in Countervailing Duty under Section 3 of Customs Tariff Act, 1975 for exemption purposes.

2 Mar 2010

The appellant, M/s. Shree Rajasthan Texchem Limited, a manufacturer of yarn, imported capital goods (textile machinery) under bills of entry dated 28t...

High Court

Bombay High Court Allows Appeal Against CESTAT Order Dismissing ROM Application as Time-Barred. Time Limit Under Section 129B(2) of Customs Act, 1962 Applies Only to Suo Moto Rectification, Not to Applications Filed by Parties.

10 Jul 2017

The appellant, M/s. Allied Fibers Ltd., imported capital goods between October 1994 and September 1995. A show cause notice was issued on 24.03.1998 d...

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...

High Court

Bombay High Court Allows Writ Petitions Challenging Customs Duty Demand on Imported Textile Machinery — Holds That Show Cause Notice Issued Beyond Limitation Period Under Section 28 of Customs Act, 1962 Is Time-Barred. The court quashed the show cause notice as the department failed to establish any fraud or suppression to justify the extended period of limitation.

20 Feb 2026

The petitioners, Karl Mayer STOLL Textilmaschinenfabrik GmbH and M/s. Karl Mayer India Private Limited, imported textile machinery and cleared the goo...

High Court

Bombay High Court Allows Writ Petition Challenging Interest Demand Under Section 28AA of Customs Act, 1962. Interest on Delayed Payment of Duty Held Payable Only After Crystallization of Duty Liability by Supreme Court Decision.

28 Mar 2006

The petitioner, M/s. M.J. Exports Pvt. Ltd., imported 53 Haemodialysis Machines and accessories under an Open General License and claimed exemption un...

High Court

Bombay High Court Dismisses Revenue's Reference Application in Customs Duty Evasion Case Due to Inordinate Delay. Application filed under Section 130 of Customs Act, 1962 for reference of questions of law from CEGAT order held time-barred as delay of 240 days not explained.

27 Jul 2006

The Commissioner of Customs (Import) filed an application under Section 130 of the Customs Act, 1962 seeking a reference to the High Court of certain ...

High Court

High Court of Bombay Examines Appeal by 100% Export Oriented Unit Against Customs Duty Confirmation Due to Export Obligation Shortfall. The Issue Pertains to Whether Extension of Letter of Permission by Development Commissioner Validates EOU Status and Precludes Customs Action Under Sections 61 and 72 of the Customs Act, 1962.

14 Feb 2013

The appellant, a 100% Export Oriented Unit (EOU) engaged in manufacturing HDPE ropes, was granted a letter of permission (LOP) dated 9 September 1998 ...

High Court

Bombay High Court Dismisses Customs Appeals for Lack of Jurisdiction in Confiscation of Foreign-Origin Gold — Failure to Establish Smuggling or Illicit Import Under Customs Act, 1962. The court held that the burden of proof under Section 123 of the Customs Act, 1962, applies only to notified goods, and since gold was not notified, the Department failed to prove smuggling.

20 Mar 2024

The Commissioner of Customs, NS-V, filed three appeals under Section 130 of the Customs Act, 1962, against the common order of the Customs, Excise and...

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