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Gujarat High Court Quashes Penalties on Customs Broker for Importer's Misdeclaration — No Mens Rea or Knowledge of Fraud Established. Section 112(a), 112(b), 114AA of Customs Act, 1962 require active involvement or knowledge for penalty imposition on customs broker.

The petitioner, M/s. Mathuradas Narandas and Sons Forwarders Ltd., a customs broker, was engaged by GKR Traders Pvt. Ltd., the importer, to facilitate...

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Bombay High Court Quashes Search Warrant Under Section 105 of Customs Act for Lack of Reasonable Satisfaction. Failure to Record Reasons by Authorized Officer Renders Search Illegal.

The petitioner, Samadhan Steel Traders, challenged a search warrant issued under Section 105 of the Customs Act, 1962, by the Assistant Director, D.S....

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Bombay High Court Allows Petition Against Non-Speaking Order Under Section 17(5) of Customs Act — Directs Speaking Order Within Two Weeks. Failure to Pass Speaking Order After Payment Under Protest Violates Statutory Mandate.

The petitioner, JKC General Trading Company, a partnership firm, imported goods and was assessed customs duty by the respondents. The petitioner paid ...

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High Court Allows Bail in Customs Act Case, Quashes Magistrate's Order Due to Illegal Arrest and Bailable Offence Classification. Petitioners Released on Bail with Conditions

The High Court of Bombay allowed a criminal writ petition challenging the denial of bail to petitioners accused under the Customs Act, 1962. The petit...

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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.

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

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High Court of Bombay at Goa Allows Customs Appeals in Gold Smuggling Case Due to Lack of Evidence and Procedural Violations. Confiscation of Gold and Imposition of Penalties Set Aside for Failure to Prove Smuggling Beyond Reasonable Doubt.

The case involves five appeals filed by Ciabro Alemao (through legal representatives), Joaquim Alemao, Churchill Alemao, Anthony John Rodrigues, and S...