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Search Results for "Customs appeal"

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High Court

Bombay High Court Allows Petitions Challenging Cancellation of Advance Authorizations and Demand for Customs Duty in Sugar Export Cases. Non-compliance with export obligation due to government-imposed export ban constitutes force majeure, and demand for duty with interest cannot be sustained.

20 Apr 2026

The judgment concerns four writ petitions filed by companies engaged in sugar trading and export, challenging the cancellation of advance authorizatio...

High Court

Bombay High Court Allows Appeal in Central Excise Case: Commissioner's Decision on Nil Duty Binding on Assessing Officer. Duty on DTA Clearances of Fresh Mushrooms by 100% EOU Held Nil Following Commissioner's Order Under Section 3(1) of Central Excise Act, 1944.

14 Dec 2012

The appellant, ECO Valley Farms & Foods Limited, a 100% Export Oriented Unit (EOU) engaged in cultivation, manufacture, and export of fresh/processed ...

Supreme Court

Supreme Court Quashes Conviction in Customs Act Case Due to Procedural Irregularity in Appellate Judgment. The High Court's common judgment considering evidence from only one trial violated fair trial principles under Section 273 of the Code of Criminal Procedure, 1973, necessitating remand for fresh consideration.

29 Oct 2021

The dispute involved appeals by six accused persons against their conviction by the Madras High Court under the Customs Act, 1962. The Anti-Smuggling ...

High Court

Bombay High Court Allows Petition in Customs Case — Redemption Fine and Penalty Reduced for Import of Used Personal Effects. Gold chain with diamond pendant held to be 'personal effects' under Baggage Rules, 1998, entitling duty-free import.

5 Jul 2024

The petitioner, a US citizen of Indian origin, arrived in Mumbai on 6th May 2007 from New York. He was wearing a gold chain with a pendant embedded wi...

High Court

High Court of Bombay Dismisses Appeal of Sugar Factory in Central Excise Duty Dispute — Section 11-D of Central Excise Act, 1944 Applies Even When Exemption Under Section 5-A is Available. The court held that the amount collected as duty from buyers is recoverable under Section 11-D regardless of exemption, and the assessee cannot retain such amount.

8 Sep 2017

The appellant, Jalna Sahakari Sakhar Karkhana Ltd., a sugar factory, filed a first appeal under Section 35-G of the Central Excise Act, 1944, challeng...

High Court

Bombay High Court Allows Refund of CVD Paid on Imported Mobile Phones Under Exemption Notification. The court held that the exemption notification No.12/2012-Customs applies to imports and directed reconsideration of refund claims subject to verification of unjust enrichment.

30 Nov 2018

The petitioner, Micromax Informatics Limited, a company registered under the Companies Act, imported mobile handsets during July 2014 to June 2015 and...

High Court

High Court Rules on Reference Scope in Silver Confiscation Case Under Customs Act. Reference Question Limited to Silver Confiscated Under Section 120(2), Not Entire Seized Quantity.

20 Apr 2010

The matter arose from a reference made by the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) to the High Court of Bombay under Section ...

High Court

Bombay High Court Allows Writ Petition Challenging CBEC Circular on Brand Rate of Drawback. Court holds that an exporter can claim Brand Rate of drawback under Rule 7 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 even after availing All Industry Rate under Rule 3.

1 Sep 2014

The petitioner, Alfa Laval (India) Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging a Circular dated 30th Decemb...

Supreme Court

Supreme Court Allows Revenue Appeal in Central Excise Case: EOU Job Work for DTA Unit Without Export Violates EXIM Policy. The Court held that a 100% EOU cannot undertake job work for a DTA unit and clear finished goods to the DTA without exporting them, and such clearance is not eligible for concessional duty under Notification No.8/97-CE.

6 Mar 2020

The case involves an appeal by the Commissioner of Central Excise, Nagpur against the CESTAT order that allowed the appeals of M/s Universal Ferro & A...

High Court

Bombay High Court Allows Writ Petition of Informer Seeking Balance Reward Under Customs Informers' Reward Scheme. Customs Department Directed to Pay Balance Reward Amount to Informer Who Provided Information Leading to Revenue Collection.

27 Apr 2015

The petitioner, an informer of the Customs Department, filed a writ petition seeking a mandamus directing the respondents to release the balance amoun...

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