Search Results for "Customs Confiscation"

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Search Results for "Customs Confiscation"

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High Court

Bombay High Court Allows Writ Petition for Higher Interest on Refund of Seized Cash in GST Investigation — Circular on Pre-deposit Interest Not Applicable to Seized Amounts. Court held that interest on refund of cash seized during investigation should be at the rate actually earned on fixed deposit or 18% per annum, whichever is higher, to prevent unjust enrichment.

20 Sep 2024

The case involves two writ petitions filed by Ramkaran Karwa and his son Samir Karwa against the Union of India and other GST authorities. The petitio...

High Court

Bombay High Court Allows Advocate Presence at Visible Distance During Customs Statement and Orders De-Sealing of Premises in Gold Smuggling Investigation. Petitioner's Right to Counsel Recognized as Harmless, and Continued Sealing Without Show Cause Notice Held Unjustified Under Sections 110 and 121 of Customs Act, 1962.

23 Mar 2023

The petitioner, Kalpesh Ghevarchand Jain, filed a writ petition before the Bombay High Court seeking two reliefs: (1) recording of his statement under...

High Court

Bombay High Court Allows Appeals in Central Excise Cases Involving 100% EOU — Cenvat Credit on Inputs and Capital Goods Allowed Despite Procedural Lapses. Substantial compliance with Central Excise Rules, 2002 and Notification No. 22/2003-CE sufficient for entitlement to Cenvat credit.

10 Jul 2015

The judgment concerns three Central Excise Appeals filed by Shri Dharampal Lalchand Chug and Shri Kamal Lalchand Chug, who are sole proprietors of 100...

High Court

Bombay High Court Dismisses Petition Challenging Forfeiture of Properties under SAFEMA. Detention Order Under COFEPOSA Validly Triggers SAFEMA Proceedings Despite Non-Execution of Detention and Redemption of Confiscated Currency.

27 Jul 2011

The petitioner, Smt. Yamini S. Bhagwanji, challenged the forfeiture of three immovable properties and certain bank accounts under the Smugglers and Fo...

High Court

Bombay High Court Modifies Bank Guarantee Condition for Provisional Release of Seized Goods Under Customs Act — Instructions of CBEC Require Bank Guarantee Not to Exceed Twice the Duty Amount. The court directed the Commissioner to recompute the bank guarantee in accordance with CBEC instructions, ensuring it does not exceed twice the duty amount, and to release the goods upon compliance.

11 Jul 2011

The petitioner, Bhavik K. Shah, filed a writ petition under Article 226 of the Constitution seeking a declaration that the detention of certain goods ...

High Court

Bombay High Court Modifies Bank Guarantee Condition for Provisional Release of Seized Goods Under Customs Act — Instructions of CBEC Require Bank Guarantee Not to Exceed Twice the Duty Amount. The court directed reduction of bank guarantee from Rs.1.81 crores to twice the duty amount for provisional release of goods under Section 110 of the Customs Act, 1962.

11 Jul 2011

The petitioner, Bhavik K. Shah, filed a writ petition under Article 226 of the Constitution before the Bombay High Court seeking a declaration that th...

High Court

Bombay High Court Allows Appeal in FEMA Case — Nominee Director Not Vicariously Liable for Acts of Subordinates. The Court held that a nominee director of a joint venture company cannot be held vicariously liable under the Foreign Exchange Management Act for acts of commission or omission of subordinates without specific knowledge or involvement.

16 Sep 2010

The appellant, Shri M.M. Shah, was the paid Managing Director of Indian Card Clothing Ltd. (ICC) from 1994 to 1997. ICC and Spifa Germany promoted a j...

High Court

Bombay High Court Allows Customs Appeal Against CESTAT Order Reducing Redemption Fine and Penalty Without Reasons. Tribunal's reliance on non-binding precedent from another bench held improper as it ignored its own earlier order.

21 Mar 2006

The Commissioner of Customs (General), Mumbai, filed an appeal under Section 130 of the Customs Act, 1962 against the order of the Customs, Excise and...

High Court

Bombay High Court Quashes COFEPOSA Detention Order Against Accused Due to Unexplained Delay in Deciding Representation and Communicating Rejection. Unexplained Delay of 27 Days in Deciding Representation and 13 Days in Serving Rejection Order Violated Article 22(5) of Constitution, Vitiating Preventive Detention.

15 Feb 2006

The petitioner, who was the detenu, filed a criminal writ petition under Article 226 of the Constitution before the High Court of Bombay seeking a wri...

Supreme Court

Supreme Court Quashes One-Year Renewal of Stage Carriage Permits Under Section 58 of Motor Vehicles Act, 1939. Renewal Period Must Conform to Original Permit Period, Minimum Three Years.

6 Nov 1959

The case originated from the expiry of stage carriage permits held by the petitioners on March 31, 1958. They applied for renewal before the Regional ...

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