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Search Results for "customs assessment"

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Supreme Court

Supreme Court Upholds Constitutional Validity of Section 6A of the Citizenship Act, 1955 in Assam Accord Challenge — Majority Holds Cut-off Date of 25.03.1971 for Regularisation of Immigrants Valid. The court held that the provision is a reasonable classification under Article 14 and does not violate Articles 6, 7, 29, 325, 326, 355, 356, or 368 of the Constitution.

17 Mar 2025

The Supreme Court, in a batch of petitions and appeals, considered the constitutional validity of Section 6A of the Citizenship Act, 1955, which was i...

Supreme Court

Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

10 Mar 2025

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

High Court

Bombay High Court Quashes Demand for Bank Guarantee in Customs Valuation Dispute — SVB Proceedings Must Be Concluded Before Demanding Differential Duty. The court held that the demand for bank guarantee for differential duty on imports from related parties before completion of Special Valuation Branch proceedings is arbitrary and unsustainable under Section 14 of the Customs Act, 1962 and Circular No. 5/2016-Customs.

20 Dec 2022

The petitioner, Pernod Ricard India Private Limited, a company engaged in manufacturing, blending, and selling Indian made foreign liquor, filed a wri...

High Court

High Court of Bombay Allows Writ Petition Seeking Reassessment of Customs Duty Due to Typographical Error in Customs Tariff Heading. Petitioner's Inadvertent Error in Declaring CTH 85176990 Instead of 85176930 for Routers Entitles Correction Under Customs Act, 1962.

18 Jan 2021

The petitioner, Dimension Data India Private Ltd., an importer, filed five Bills of Entry between 15.03.2019 and 25.04.2019 for importing 48 units of ...

High Court

Bombay High Court Dismisses Review and Writ Petitions in GST Input Tax Credit Refund Case for Duty Free Shops. Sale of duty free goods at airport departure area is not export, hence no refund of ITC under Section 54 of CGST Act, 2017.

7 Oct 2019

The judgment concerns three matters: a criminal application seeking review of dismissal of a PIL, and two writ petitions challenging an adjudication o...

Supreme Court

Supreme Court Dismisses Appeal of Importer in Customs Classification and Valuation Dispute — Head End Equipment Classified Under CTH 8543 8999 and Software/Service Charges Included in Assessable Value. The court upheld the Tribunal's finding that the imported goods constituted a complete functional unit and that the appellant's mis-declaration of classification and value justified penalties under Sections 112(a) and 114AA of the Customs Act, 1962.

27 Sep 2019

The Supreme Court dismissed the appeal filed by Indusind Media & Communications Ltd. against the order of the Customs Excise and Service Tax Appellate...

High Court

Bombay High Court Dismisses Petition Challenging Show Cause Notice and Retrospective Amendment to Section 28 of Customs Act, 1962 — Upholds Validity of Officers' Powers and Amendment.

3 Nov 2014

The petitioner, Sunil Gupta, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging a show caus...

High Court

Bombay High Court at Goa Quashes Corruption Case Against Customs Officers for Lack of Valid Sanction. Prosecution under Prevention of Corruption Act, 1988 and Indian Penal Code, 1860 fails as prior sanction under Section 197 CrPC and Section 19 of PC Act was mandatory for acts done in discharge of official duty.

29 Aug 2012

The petitioners, nine customs officers, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 and Article 226 of the Constitution...

High Court

Bombay High Court Dismisses Revenue's Appeals in Antidumping Duty Gap Period Case. Tribunal's Decision That No Antidumping Duty Can Be Levied During Period Between Expiry of Provisional Duty and Imposition of Final Duty Under Rule 21 of Customs Tariff (Antidumping) Rules, 1995 Upheld.

15 Dec 2011

The Commissioner of Customs (Import), Mumbai, filed appeals against orders of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) dated 1 Aug...

High Court

Bombay High Court Allows Petition Against Customs for Demurrage Charges Due to Delay in Assessment. Customs Department Directed to Bear Warehousing Charges for Inordinate Delay in Finalising Assessment of Imported Goods.

28 Oct 2005

The petitioner, Apollo Paper Mills Ltd., imported second-hand machinery from the UK in 1995 to set up a paper manufacturing unit in Gujarat, seeking c...

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