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Gujarat High Court Allows Provisional Release of Seized Goods in Customs Act Case — Directs Release on Bond and Bank Guarantee. Importers Granted Relief as Court Holds Continued Detention Causes Hardship Under Section 110A of Customs Act, 1962.

The judgment concerns a batch of Special Civil Applications filed by various importers (including M/s. S. J. S. International) against the Union of In...

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Bombay High Court Quashes Interest Demand on Customs Duty for Provisional Assessment Prior to Amendment. Interest under Section 28AA of Customs Act, 1962 cannot be levied retrospectively for period before its insertion when provisional assessment under Section 18 did not provide for interest.

The petitioner, M/s. R. K. Chemicals, a proprietorship firm, imported a consignment of Mono Sodium Glutamate in 1996. There was a dispute regarding th...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Bombay High Court Allows Customs Appeal Against CESTAT Order Waiving Late Fees for Delayed Bill of Entry Filing. Late Fee Under Section 46(3) of Customs Act, 1962 Is Mandatory and Not Discretionary for Delayed Filing Beyond Prescribed Period.

The Principal Commissioner of Customs, Pune, filed an appeal under Section 130 of the Customs Act, 1962 against the final order of the Customs, Excise...

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High Court of Bombay at Goa Dismisses Revenue Appeals and Allows Assessee Appeals in Customs and Excise Classification Dispute. Classification of goods under Customs Tariff and Central Excise Tariff determined based on technical literature and expert opinion, rejecting revenue's reclassification.

The judgment involves multiple appeals filed by the Commissioner of Customs & Central Excise and by M/s Twenty First Century Wire Rods Ltd. The core i...

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Bombay High Court Quashes Show Cause Notice in Customs Act Case Due to Inordinate and Unexplained Delay of 15 Years. Transfer to Call Book Without Intimation Violates Section 28(9) of Customs Act, 1962.

The petitioner, Paresh H. Mehta, a sole proprietor of M/s. P. H. Mehta and Co., challenged a show cause notice dated 16 May 2008 issued under Section ...

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Bombay High Court Dismisses Union of India's Petition Challenging Settlement Commission Order in Customs Duty Evasion Case. Settlement Commission's order upheld as valid exercise of power under Section 127B of Customs Act, 1962, with no jurisdictional error or illegality.

The Union of India, through the Commissioner of Customs (Import), Jawaharlal Nehru Custom House, filed a writ petition challenging an order dated 25th...

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Bombay High Court Allows Cross-Examination in Customs Show Cause Proceedings - Right to Cross-Examine Witnesses Whose Statements Are Relied Upon Is a Fundamental Principle of Natural Justice

The petitioner, Kalpena Industries Limited, a company incorporated under the Companies Act, 1956, engaged in manufacturing polyethylene/polypropylene ...