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Search Results for "customs sale"

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Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

Bombay High Court Quashes Confiscation of Souza and Padamsee Artworks as Obscene — Customs Officer's Personal Opinion Insufficient to Brand Art as Obscene Under Section 11 Customs Act, 1962. Artistic merit and community standards must be considered before declaring artworks obscene.

25 Oct 2024

The petitioner, M/s. B. K. Polimex India Private Limited, imported seven artworks by world-renowned artists F.N. Souza and Akbar Padamsee from London ...

High Court

Supreme Court Allows Union's Appeals in Advance Authorization IGST Exemption Case. The Court upholds the pre-import condition as a valid policy measure to prevent double benefit and cash blockage, reversing the Gujarat High Court's decision.

10 Oct 2024

The case involves appeals by the Union of India against a Gujarat High Court judgment that set aside the mandatory 'pre-import condition' for claiming...

Supreme Court

Supreme Court Dismisses Customs Appeal on Valuation of Imported Goods Under Customs Act, 1962 — Design and Supervision Charges Not Addable to Transaction Value. The Court held that costs for post-importation activities like erection, commissioning, and performance guarantee tests are not includible in the assessable value of imported goods under Rule 4 read with Rule 9(1)(e) of the Customs Valuation Rules, 1988.

27 Apr 2020

The appeal arose from a dispute between the Commissioner of Customs (Port), Kolkata, and Steel Authority of India Ltd. (SAIL) regarding the valuation ...

Supreme Court

Supreme Court Allows Union of India's Appeal in Customs Duty Priority Dispute. Customs duty under Section 150(2)(c) of Customs Act, 1962 has priority over warehouse charges under Section 150(2)(d) in distribution of sale proceeds of warehoused goods.

14 Feb 2020

The case involves a dispute between the Union of India (appellant) and M/s. Associated Container Terminal Ltd. (respondent) regarding the priority of ...

High Court

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

1 Mar 2018

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

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 Petition Challenging Attachment of Premises Under Customs Act — Licensee Lacks Locus Standi After Expiry of Licence. The court held that an erstwhile licensee whose licence had expired has no subsisting right in the attached property and is not entitled to a hearing before attachment under Section 142 of the Customs Act, 1962.

5 Oct 2012

The petitioners, Aditya Birla Nuvo Ltd. and another, filed a writ petition challenging the attachment of a residential flat by the Customs Authorities...

High Court

Bombay High Court Allows Writ Petition of Nigerian National in Customs Confiscation Case — Orders Release of Life-Saving Medicines and Miscellaneous Items. Detention of Passport for 75 Days Held Unauthorized; Confiscation of Medicines Set Aside as Goods Were Not Prohibited and Petitioner Had Valid Documents.

7 Oct 2010

The petitioner, Okwy Shedrack Akpuba, a Nigerian national and businessman dealing in medicines, filed a writ petition under Article 226 of the Constit...

High Court

Bombay High Court Quashes CEGAT Order for Non-Consideration of Submissions in Customs Seizure Case. Tribunal's Order Held Invalid as It Did Not Constitute a Decision in the Eye of Law Under Customs Act, 1962.

25 Apr 2006

The petitioner, M/s. Wall Street Finance Ltd., filed a writ petition challenging an order dated 3rd February, 2000 passed by the Customs, Excise and G...

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