Search Results for "CESTAT order"

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Search Results for "CESTAT order"

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High Court

Madras High Court Dismisses Appeals of Gold Smuggling Accused in Customs Act Case — Confirms Tribunal's Finding of Involvement in Smuggling Conspiracy Based on Documentary Evidence and Circumstantial Links. The court held that the presence of incriminating documents and the modus operandi of using eligible passengers to smuggle gold jewellery established the appellants' involvement in the smuggling network under the Customs Act, 1962.

10 Jan 2025

The case involves 16 Civil Miscellaneous Appeals filed under Section 130(1) of the Customs Act, 1962, challenging a common order dated 24.12.2009 of t...

Supreme Court

Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

13 Dec 2024

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

High Court

Bombay High Court Allows Revenue's Appeal in Customs Case on Redemption Fine and Penalty for Excess Goods Cleared Under Bond. The Court held that once confiscation of goods under Sections 111(l), (m) and (o) of the Customs Act, 1962 is upheld, imposition of redemption fine under Section 125 and penalty under Section 112(a) is mandatory and not discretionary.

18 Jul 2023

The appeal was filed by the Commissioner of Customs (Import) against the order of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) dated ...

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 Rejection of Provisional Release of Seized Goods Under Customs Act — Directs Release on Conditions. Joint Commissioner's order set aside as not considering Section 110A of Customs Act, 1962; goods to be released on bank guarantee and bond.

8 Feb 2021

The Bombay High Court disposed of two writ petitions filed by Himgiri Buildcon & Industries Limited and Agsons Agencies (I) Private Limited against th...

Supreme Court

Supreme Court Dismisses Revenue's Appeal, Classifies Car Matting as Carpet Under Chapter 57 of Central Excise Tariff Act, 1985. HSN Explanatory Notes and Specific Description Principle Applied to Hold That Car Matting Is More Specifically Described as Carpet Than as Motor Vehicle Accessory.

1 May 2020

The case involved two appeals by the Commissioner of Central Excise, Delhi-III against a common decision of the Customs Excise & Service Tax Appellate...

High Court

High Court of Bombay at Goa Allows Refund Claim Without Challenging Nil Assessment Order in Customs Duty Case. Assessee Entitled to Refund of Excess Duty Paid Under Provisional Assessment Despite Nil Assessment Order.

3 Mar 2015

The case involves an appeal by Sesa Goa Ltd against the Commissioner of Customs, Panaji Minor Port, regarding a refund claim for excess customs duty p...

High Court

Bombay High Court Quashes Circulars Including Dealer's PDI and Free After-Sales Service Costs in Assessable Value of Vehicles — Circulars Held Ultra Vires Section 4 of Central Excise Act, 1944.

7 Sep 2012

The petitioner, M/s. Tata Motors Ltd., a manufacturer of vehicles, challenged clause 7 of Circular No. 643/34/2002CX dated 1st July, 2002 and Circular...

High Court

Bombay High Court Allows Customs Appeals in Confiscation of Pay Orders — Genuine Foreign Exchange Transactions Not Sale Proceeds of Smuggled Goods. Pay orders received by FFMC for sale of foreign exchange in genuine transactions cannot be confiscated under Section 121 of the Customs Act, 1962 merely because the purchaser's bank account contained proceeds of smuggling.

30 Mar 2012

The appellant, Weizmann Limited, a Full Fledged Money Changer (FFMC), sold foreign exchange to various purchasers and received pay orders from banks. ...

High Court

Bombay High Court Allows Customs Appeal on Limitation Issue — Show Cause Notice Held Time-Barred. The relevant date for computing limitation under Section 28 of the Customs Act, 1962 for recovery of duty in case of provisional assessment is the date of refund order or refund cheque, not the date of credit into government treasury.

1 Mar 2006

The appellant, M/s Gujarat Alkalies & Chemicals Limited, filed an appeal under Section 130 of the Customs Act, 1962 against the order of the Customs, ...

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