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Bombay High Court Dismisses Appeal Against Prohibitory Order Under Regulation 21 of CHALR, 2004 — No Appeal Lies to CESTAT. Regulation 22(8) of CHALR, 2004 is Not Ultra Vires the Customs Act, 1962.

The appeal arises from a decision of the CESTAT dated 2 January 2013, which held that an appeal is not maintainable against an order passed under Regu...

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High Court of Karnataka Dismisses Revenue's Appeal in Customs Case — CESTAT's Finding of Baseless Charges Upheld. Penalty Dropped as Evidence Lacked Direct Link to Respondent Under Customs Act, 1962.

The appeal was filed by the Commissioner of Customs under Section 130 of the Customs Act, 1962 against the orders of the Customs, Excise and Service T...

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Bombay High Court Dismisses Customs Appeal Upholding CESTAT Order Expunging Policy Condition for Provisional Release of Imported Vehicle. Policy condition requiring testing by VRDE/ARAI held redundant when vehicle is already registered under Motor Vehicles Act, 1988.

The case involves an appeal by the Commissioner of Customs against an order of the Customs Excise and Service Tax Appellate Tribunal (CESTAT) which al...

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Bombay High Court Dismisses Revenue Appeal in Customs Mis-declaration Case — Extended Limitation Period Not Invocable Without Proof of Fraud or Collusion. Importer's Mis-declaration for Claiming Notification Benefit Does Not Automatically Attract Penalty Under Section 114A of Customs Act, 1962.

The appeal was filed by the Commissioner of Customs (Revenue) against the order of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) w...

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Supreme Court Considers Whether Refund Claim Under Customs Act Requires Appeal Against Assessment Order. Self-Assessment Under Section 17 and Amendment to Section 27 by Finance Act 2011 Examined.

The Supreme Court heard a batch of appeals filed by assessees and the Union of India against judgments of various High Courts and the Customs, Excise ...

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Supreme Court Dismisses Assessees' Appeals in Customs Duty Cases Involving Forged DEPB Scrips. Court upheld duty liability as forged scrips are void ab initio under the Customs Act, 1962, justifying extended limitation period due to fraud, with penalty proceedings remanded for adjudication.

The Supreme Court of India heard two civil appeals concerning customs duty evasion cases where appellants had imported goods using forged DEPB (Duty E...