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Search Results for "Customs appeal"

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Supreme Court

Supreme Court Holds Customs Duty Payable on Redemption of Confiscated Goods Under Section 125 of Customs Act, 1962 — Interest Under Section 28AB Also Attracts. Redemption fine does not substitute duty; duty and interest are separate liabilities.

23 Jul 2024

The Supreme Court adjudicated two questions arising under the Customs Act, 1962: whether customs duty is payable when confiscated goods are redeemed a...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Seizure of Vessel Under Customs Act, 1962; Seizure of Re-imported Floating Crane Valid as Exemption Notification Inapplicable When Re-import Not by Original Exporter.

5 Apr 2019

The case involved a writ petition filed by Fomento Resources Private Limited and its director challenging the seizure of a floating crane, MV Maria La...

High Court

High Court of Bombay allows importer's writ petition challenging Settlement Commission order that failed to apply lowest transaction value rule for identical goods under Customs Valuation Rules; directs reduction of duty demand from Rs.23,01,077 to Rs.3 lakhs. Court holds that Settlement Commission is bound by the Customs Act and Valuation Rules, and must adopt the lowest of multiple identical goods' transaction values when available.

27 Jul 2010

The dispute arose from imports of electronic goods by the petitioner during 1995-96. The Directorate of Revenue Intelligence investigated alleged unde...

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 Customs Appeal Against Acquittal in Gold Smuggling Case — Retracted Confession and Lack of Independent Witnesses Lead to Acquittal Confirmation. Section 108 Customs Act statement retracted on ground of coercion and not corroborated by independent evidence, hence not reliable.

15 Jan 2020

The case involves an appeal by the Union of India against the acquittal of Narendra Ratanchand Jain (respondent no.1) for offences under the Customs A...

High Court

Bombay High Court Dismisses Revenue's Appeals in Antidumping Duty Gap Period Case. Tribunal's Decision That No Antidumping Duty Can Be Levied During Period Between Expiry of Provisional Duty and Imposition of Final Duty Under Rule 21 of Customs Tariff (Antidumping) Rules, 1995 Upheld.

15 Dec 2011

The Commissioner of Customs (Import), Mumbai, filed appeals against orders of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) dated 1 Aug...

High Court

Bombay High Court Dismisses Petition Challenging Validity of Regulations Requiring Additional Examination for Customs House Agents Licenses. No Vested Right to License Arises from Passing Examination Under Repealed Regulations.

7 Dec 2011

The Bombay High Court dismissed a writ petition filed by the Bombay Custom House Agents Association and two individual members challenging the constit...

High Court

Bombay High Court Holds Appeal Under Section 35G of Central Excise Act Maintainable on Limitation Issue Even When Valuation/Rate of Duty Not Disputed. The Court ruled that the question of limitation is a distinct legal issue not relating to assessment, valuation, or rate of duty, and thus appeals challenging only the time-bar aspect are maintainable before the High Court under Section 35G.

23 Dec 2021

The case arose from a Central Excise Appeal filed by the Commissioner of CGST & Central Excise, Belapur, against Hindustan Petroleum Corporation Ltd. ...

High Court

Bombay High Court Allows Writ Petitions Challenging Customs Duty Recovery and Penalty on Import of MRI Machine. Court holds that benefit of exemption notification cannot be denied on ground that import licence was obtained prior to issuance of recommendation certificate, and that show cause notice issued after unreasonable delay is liable to be quashed.

7 Mar 2006

The judgment pertains to two writ petitions filed by M/s. Shah Diagnostic Institute Private Limited and its director Dr. Viral Shah challenging orders...

Supreme Court

Supreme Court Allows Appeal in Customs Duty Exemption Case — Crude Degummed Soyabean Oil Not an Agricultural Product Under Notification No. 53/2003-Cus. Nexus Between Imported and Exported Products Established Under DFCE Scheme.

8 Apr 2025

The appellant, Noble Resources and Trading India Private Limited (formerly Andagro Services Pvt. Ltd.), a government-recognized two-star export house,...

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