Search Results for "Confiscation Liability"

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Search Results for "Confiscation Liability"

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High Court

Bombay High Court Directs Return of Security Deposit with Interest in Customs Duty Dispute — Petitioner Entitled to Refund of Rs.10 Crores with 18% Interest After CESTAT Set Aside Confiscation Order. The Court held that once proceedings are finalized in favour of the importer, the revenue cannot retain the security deposit and must return it with interest from the date of deposit under the Customs Act, 1962.

14 Jun 2010

The petitioner, M/s Pride Foramer, a company engaged in offshore oil exploration, imported a rig 'Pride Pensylvania' for a contract with ONGC. On 15 M...

High Court

Bombay High Court Hears Revenue Appeals on Duty Liability for Confiscated Medical Equipment Cleared Under Conditional Exemption Notification No. 64/88-Cus. Court Examines Whether Redemption of Goods is a Pre-Condition for Customs Duty Demand Under Section 125(2) of the Customs Act, 1962.

28 Apr 2006

Background: The case involves two customs appeals before the High Court of Judicature at Bombay, filed by the Commissioner of Customs against separate...

High Court

Bombay High Court Partially Allows Customs Appeal in Vessel Confiscation Case — Reduces Fine from Rs.1 Crore to Rs.5 Lakh Upheld as Not Perverse. Court holds that reduction of fine for confiscated vessel and setting aside of fine for mixed diesel are based on evidence and not arbitrary under Customs Act, 1962.

3 Aug 2010

The Commissioner of Customs (Import), Mumbai, filed an appeal under Section 130 of the Customs Act, 1962, challenging the order dated 5 August 2008 of...

High Court

High Court of Bombay Adjudicates Suit for Recovery of Port Trust Dues Under Major Port Trust Act, 1963. The Court Considered the Liability of an Importer, a Canalising Agent, and a Shipper for Wharfage and Demurrage Charges After Goods Remained Uncleared for Years and Were Auctioned.

4 Aug 2005

The Board of Trustees of the Port of Bombay, a statutory corporation under the Major Port Trust Act, 1963, filed Suit No. 1533 of 1985 before the High...

High Court

High Court of Bombay at Goa Quashes Confiscation Appeal Order for Lack of Jurisdiction — Sessions Judge Not Competent to Hear Appeal Under Section 61(D) of Indian Forest Act, 1927 as Applicable to Goa. The appeal against confiscation of vehicle for carrying timber without transit pass must be heard by the District Judge, not the Sessions Judge.

29 Sep 2005

The petitioner, Pandurang Laxman Naik, owner and driver of a Canter Pick up vehicle bearing No. GA 02 T 5440, filed a criminal writ petition before th...

High Court

Bombay High Court Allows Writ Petition Against Illegal Seizure of Vehicles Without Due Process. Authorities directed to release dumpers/tippers seized without following procedure under Motor Vehicles Act, 1988.

11 Jun 2010

The petitioners, a partnership firm engaged in construction business and its partners, owned two dumpers/tippers (registration Nos. MH-04-CP-0308 and ...

High Court

Bombay High Court Allows Appeal in Customs Duty Recovery Case — Customs Authorities Cannot Recover Duty Dehors Sections 28 and 125 of Customs Act, 1962. Duty on Confiscated Goods Not Recoverable When Redemption Option Not Exercised.

15 Jun 2006

The Bombay High Court, in an appeal under Section 130 of the Customs Act, 1962, considered two substantial questions of law: whether customs authoriti...

High Court

Bombay High Court Allows Appeal of Second Buyer of Imported Car, Sets Aside Duty Demand and Penalty. The Court held that once confiscation of a vehicle becomes final due to non-exercise of the redemption option, no customs duty can be demanded from a subsequent purchaser and no penalty under Section 112(a) of the Customs Act, 1962 is sustainable.

30 Apr 2019

The appeal was filed by Gagandeep Singh Anand under Section 130 of the Customs Act, 1962, challenging the order dated 28 July 2017 of the Customs, Exc...

Supreme Court

Supreme Court Allows Interim Custody of Vehicle in NDPS Case — Owner Not Implicated, Vehicle Not Used for Conveyance of Contraband. Lorry owner's application for interim custody allowed as vehicle was hired for lawful transport and owner was not an accused, with no evidence of owner's complicity.

1 Jan 2025

The appellant, Denash, is the owner of a lorry bearing registration number TN 52 Q 0315 (Ashok Leyland, 14 wheeler). The vehicle was lawfully hired fo...

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...

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