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High Court

Bombay High Court Quashes Import Restriction for Areca Nuts — Condition Requiring NOC from FSSAI Held Ultra Vires. Import Policy Condition Violates Article 19(1)(g) and Article 14 of Constitution as It Lacks Statutory Authority and Is Disproportionate.

2 Apr 2019

The petitioner, Siddhi Vinayak, a partnership firm registered under the Indian Partnership Act, 1913, engaged in the import of areca nuts (commonly kn...

High Court

Bombay High Court Quashes Penalty Orders in Maize Import License Dispute — Actual User Condition Not Violated. Petitioner Trading House Allowed to Import Maize Through Canalizing Agency Without Being Actual User Under Foreign Trade Policy.

21 May 2021

The petitioner, Shah Nanji Nagsi Exports Pvt. Ltd., a trading house incorporated in 1919 and engaged in export of rice, oil seed, food grains and puls...

High Court

Bombay High Court Allows Import of Peas Under Restricted Category Based on Pre-Notification Contracts. Petitioners' goods cleared as contracts entered prior to amendment notification dated 29.03.2019 under Section 3 of Foreign Trade (Development and Regulation) Act, 1992.

15 Oct 2020

The petitioners, M/s. Harihar Collections and M/s. Raj Grow Impex LLP, are engaged in the import and export of agricultural commodities. They imported...

High Court

Bombay High Court Considers Legality of Customs Broker Licence Suspension Due to Delay in Submitting Inquiry Report. Interpretation of Regulation 20(5) of Customs Brokers Licensing Regulations, 2013 — Whether Time Limit of 90 Days for Inquiry Report is Mandatory or Directory.

19 Apr 2018

A group of customs appeals was filed by the Principal Commissioner of Customs (General), Mumbai, against various customs broker licence holders before...

High Court

Bombay High Court Quashes DGFT Order Cancelling Advance Authorisation and EPCG Licences for Optical Fibre Manufacturer — Violation of Natural Justice and Non-Application of Mind. Petitioner's licences restored as cancellation was based on irrelevant considerations and without proper hearing.

20 Jan 2022

The petitioner, Ashwini Ashish Dighe, proprietor of Sunteck Telecommunications, a manufacturer of optical fibres, filed a writ petition challenging th...

High Court

Bombay High Court Quashes Confiscation of Souza and Padamsee Artworks as Obscene — Customs Officer's Personal Opinion Insufficient to Brand Art as Obscene Under Section 11 Customs Act, 1962. Artistic merit and community standards must be considered before declaring artworks obscene.

25 Oct 2024

The petitioner, M/s. B. K. Polimex India Private Limited, imported seven artworks by world-renowned artists F.N. Souza and Akbar Padamsee from London ...

High Court

Bombay High Court Allows Works Contractor's Petition Challenging MVAT Assessment on Offshore Platform — Transfer of Property Occurred Outside State of Maharashtra. The court held that the State of Maharashtra lacks jurisdiction to levy tax under the MVAT Act on goods transferred in execution of a works contract on an offshore platform located in the exclusive economic zone, as the transfer of property took place outside the State.

15 Jun 2022

The petitioner, HAL Offshore Ltd., a public limited company and works contractor, challenged an assessment order passed under the Maharashtra Value Ad...

High Court

Bombay High Court Quashes Penalty Orders Against Deceased Director in Foreign Trade Act Case — Resignation Prior to Violations Absolves Liability. Petitioner's husband, a former independent director who resigned in 1999, cannot be penalized for company's export obligation defaults occurring years later under Section 11(2) of Foreign Trade (Development and Regulation) Act, 1992.

8 Jul 2022

The petitioner, Meena Anand Suryadutt Bhatt, is the wife of late Shri Anand S. Bhatt, a practicing advocate and partner at M/s. Wadia Ghandy & Co. Mr....

High Court

High Court of Karnataka Quashes Appellate Order Denying GST Refund on Export of Services to Overseas Entity, Holds Non-Submission of FIRCs Not Fatal When Alternative Proof Exists. The Court Rules that Services Provided on Principal-to-Principal Basis Are Not Intermediary Services Under Section 2(13) of IGST Act, and Directs Refund.

22 Aug 2024

The petitioner, a company providing information technology and software services, filed four applications for refund of unutilized input tax credit (I...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Premium Claim Under REP Circulars — Policy Change Prospective, No Vested Right to Premium on Licenses Issued Prior to Amendment.

24 Mar 2006

The petitioners, Kagaz Packaging (a partnership firm) and its partner Ms. Rajul Manoj Shah, filed a writ petition in the Bombay High Court challenging...

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