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Bombay High Court Dismisses Appeal by Partnership Firm and Partner Against Penalty Under Customs Act — Double Jeopardy Plea Rejected. Penalty on firm and partner under Section 112 of Customs Act, 1962 is permissible as firm is a separate entity for penalty purposes.

The appeal arose from an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 12 February 2004, which reduced penalties impo...

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Supreme Court Dismisses Appeal in Customs Classification Dispute Over All-in-One Desktop Computers. Goods Classified as Portable Under Tariff Item 8471 30 10 Based on Weight and Transportability, Affecting Duty Valuation Under Central Excise Act, 1944.

The Supreme Court of India addressed an appeal concerning the classification of Automatic Data Processing Machines, specifically All-in-One Integrated...

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Bombay High Court Quashes Orders Rejecting Condonation of Delay in Customs and Central Excise Appeals; Directs Fresh Consideration. Appellate Authorities Failed to Exclude Time Taken in Prosecuting Writ Petitions Before Filing Statutory Appeals, as Required Under Section 14(2) of Limitation Act, 1963.

The judgment arises from two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court. The lead petition, WP N...

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Bombay High Court Dismisses Petition by Hospital Challenging Cancellation of Customs Duty Exemption for Failure to Provide Free Treatment. The court held that the continuous obligation of free treatment under Notification 64/88CUS was not fulfilled, and the hospital did not qualify for recategorization.

The Petitioner, Dr. Balabhai Nanavati Hospital and Nanavati Hospital Research Centre, a public charitable trust registered under the Bombay Public Tru...

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High Court of Karnataka Dismisses PIL Challenging Appointment of Special Counsel in Customs and Excise Matters. Rule 9 of Customs (Appeals) Rules, 1982 and Rule 12 of Central Excise (Appeals) Rules, 2001 held not ultra vires.

The petitioner, an advocate enrolled in the Karnataka State Bar Council, filed a Public Interest Litigation in 2014 challenging an endorsement dated 2...

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Bombay High Court Quashes Confiscation of Lithium Ion Cells for Want of Show Cause Notice; Section 124 Customs Act, 1962 Mandates Prior Hearing. Non-Compliance with Natural Justice Renders Confiscation Order Void, Liberty Granted to Seek Release of Detained Goods.

Background: The petitioner, a subsidiary of Bajaj Auto Ltd., is engaged in the manufacture and sale of electric scooters and imported consignments of ...

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Bombay High Court Quashes Customs Demand Against Ex-Director for Company Dues — No Personal Liability Without Statutory Provision. Section 142(1)(c)(ii) of Customs Act, 1962 does not authorise recovery from a former director who ceased to be associated with the company before the demand.

The petitioner, Purshottam Das Gupta, an 86-year-old senior citizen, was formerly a director of Sujata Verbatim Limited (later renamed PDG Infotech Li...

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Supreme Court Dismisses Revenue's Appeal in Customs Classification Dispute. n-Hexane Held to be a Separate Chemical Compound, Not Petroleum Oil, Under Customs Tariff Heading 2901.10 and Central Excise Tariff Heading 2901.90.

The case involves an appeal by the Commissioner of Customs, Kandla, against the decision of CESTAT, Ahmedabad, which had dismissed the Revenue's appea...