Search Results for "Customs and Central Excise Department"

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Search Results for "Customs and Central Excise Department"

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High Court

Bombay High Court Allows Writ Petitions Challenging Customs Duty Demand on Jewellery Exports from SEZ — Held that goods manufactured in SEZ and exported are not liable to customs duty under Section 2(23) of the Customs Act, 1962 read with SEZ Act, 2005. The court ruled that the SEZ Act, 2005 is a complete code and overrides the Customs Act, and the demand of duty was contrary to the scheme of the SEZ Act.

19 Nov 2022

The petitioners, M/s. Renaissance Global Limited and M/s. Gold Star Jewellery Designs Pvt. Ltd., are companies engaged in the manufacture and export o...

High Court

Bombay High Court Allows Writ Petition Challenging Settlement Commission Order in Customs Duty Evasion Case — Violation of Principles of Natural Justice. Settlement Commission's Rejection of Settlement Application Without Considering Merits and Without Granting Personal Hearing Set Aside.

24 Feb 2022

The petitioners, Dinesh Bhabootmal Salecha and others, filed a writ petition before the Bombay High Court challenging an order passed by the Settlemen...

High Court

Bombay High Court Allows Writ Petition Quashing Attachment Notices Against Third-Party Purchaser for Excise Dues of Defaulter. Central Excise Cannot Attach Property Sold Prior to Creation of Dues Without Notice to Purchaser Under Section 11 of Central Excise Act, 1944.

22 Apr 2021

The Petitioner, M/s Runwal Constructions, a partnership firm registered under the Indian Partnership Act, 1932, engaged in construction and developmen...

High Court

Bombay High Court Allows Release of Imported Bearings in IPR Suspension Case — Mandamus Issued for Violation of IPR Rules 2007. Customs Authorities Suspended Clearance Without Confiscation Order or Notice Under Rule 7 of IPR Rules, Violating Principles of Natural Justice.

12 Mar 2021

The petitioners, NBU Bearings Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court...

Supreme Court

Supreme Court Dismisses Appeal of 100% EOU in Customs Duty Case for Unauthorized DTA Sales of Cut Flowers. Cut Flowers Held Non-Excisable, Duty Leviable on Inputs Under Notification No. 126/94-Cus as Amended, Extended Limitation Period Invoked for Wilful Suppression.

1 Sep 2020

The appeal arises from a dispute between M/s. L.R. Brothers Indo Flora Ltd., a 100% Export Oriented Unit (EOU) engaged in floriculture, and the Commis...

High Court

High Court of Karnataka Quashes Prohibition Order Against Customs Broker in Licensing Dispute — Regulation 23 of Customs Brokers Licensing Regulations, 2013 Cannot Be Invoked Without Prior Suspension or Revocation Proceedings. The court held that Regulation 23 is a residuary power for urgent preventive action and cannot be used to bypass the specific procedures for suspension and revocation under Regulations 17 and 20.

6 Feb 2018

The petitioner, M/s. Cargomar, a customs broker governed by the Customs Act, 1962 and the Customs Brokers Licensing Regulations, 2013, filed a writ pe...

High Court

Bombay High Court Dismisses Writ Petition Challenging Seniority List of Customs Officers — No Violation of Principles of Natural Justice or Equality Found. The court held that the seniority list was prepared in accordance with the Recruitment Rules and the petitioners failed to demonstrate any arbitrariness or discrimination.

6 Feb 2018

The petitioners, nine Superintendents of Customs (Preventive) working under the Commissioner of Customs (General), Mumbai, filed a writ petition chall...

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 Dismisses Airport Operator's Challenge to Customs Regulation Requiring Bill of Entry for Export Goods. Regulation 5(2) of Handling of Cargo in Customs Areas Regulations, 2009 Held Intra Vires Customs Act, 1962 and Constitutional.

13 Oct 2014

The petitioner, M/s. Mumbai International Airport Private Ltd., filed two writ petitions challenging the validity of Regulation 5(2) of the Handling o...

High Court

Bombay High Court Dismisses Petition Challenging Notification Importing Customs Recovery Provisions for Excise Duty Interest. Section 12 of Central Excise Act, 1944 Validly Empowers Application of Customs Act Recovery Mechanisms for Interest on Delayed Payment of Excise Duty.

3 Mar 2006

The petitioner, Krishnakant Sakharam Ghag, a partner of M/s Amit Textile Processors, filed a writ petition in the Bombay High Court challenging the va...

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