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Search Results for "illegal import"

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High Court

Bombay High Court Upholds Cancellation of Vehicle Registration in Customs Duty Evasion Case — Petitioner Not a Bona Fide Purchaser Without Notice. Registration Cancellation Under Section 55(5) of Motor Vehicles Act, 1988 Upheld as Vehicle Was Fraudulently Imported Availing Customs Duty Exemption for Diplomatic Officer.

2 Dec 2025

The petitioner, Imran Humayun Chandiwala, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 9 September ...

High Court

High Court of Bombay at Goa Upholds Acquittal in Customs Act Case — No Evidence of Intent to Evade Duty. Foreign Currency Seizure Not Sufficient to Prove Offence Under Section 135(1)(c)(ii) of Customs Act, 1962 Without Proof of Mens Rea.

1 Mar 2016

The case arises from an appeal by the Union of India against the acquittal of the respondent, Harish Muljimal Gandhi, by the Chief Judicial Magistrate...

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

Madras High Court Considers Appeal Challenging Customs Broker's Penalty Under Section 114AA, Questions Jurisdiction Over MEIS Classification. Three substantial questions of law framed under Section 130 of Customs Act, 1944 regarding the authority of customs to penalise for MEIS scrip classification and applicability of Section 28/28AAA.

15 Apr 2026

The matter concerned an appeal under Section 130 of the Customs Act, 1944 before the Madurai Bench of the Madras High Court, filed by a licensed Custo...

High Court

Bombay High Court Dismisses Revenue's Appeal in Customs Penalty Case — No Evidence of Mens Rea for Penalty Under Section 112 of Customs Act, 1962. CESTAT's finding that the master of the vessel was not liable for penalty as he was not aware of the illegal diesel sale was based on evidence and not perverse.

29 Jul 2010

The Commissioner of Customs (Import) appealed against the CESTAT order which upheld the Commissioner's decision not to impose penalty on the master of...

High Court

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.

13 Oct 2014

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

High Court

Bombay High Court Allows Refund of Penalty in Customs Case — Import of Mulberry Raw Silk Under Duty Exemption Scheme Not Violative of Import Policy. The court held that the penalty imposed under the Customs Act, 1962 was unjustified as the import complied with the duty exemption scheme, and directed refund of Rs.2,50,000 paid under protest.

25 Aug 2005

The petitioners, Navrang Dyeing Private Ltd. and another, filed a writ petition challenging orders dated 2nd January 1986, 3rd June 1986, and 23rd Jul...

High Court

High Court of Bombay Examines Appeal by 100% Export Oriented Unit Against Customs Duty Confirmation Due to Export Obligation Shortfall. The Issue Pertains to Whether Extension of Letter of Permission by Development Commissioner Validates EOU Status and Precludes Customs Action Under Sections 61 and 72 of the Customs Act, 1962.

14 Feb 2013

The appellant, a 100% Export Oriented Unit (EOU) engaged in manufacturing HDPE ropes, was granted a letter of permission (LOP) dated 9 September 1998 ...

High Court

High Court of Judicature at Bombay Considers Petition for Clearance of Pigeon Peas Imported under Advance Payment Certificate. Dispute Centers on Whether Certificate Remained Valid Beyond Fiscal Year 2017-18.

8 Apr 2021

The case involved a writ petition filed by Rika Global Impex Limited, a company incorporated under the Companies Act, 2013 and engaged in the import a...

High Court

Bombay High Court Answers Reference on Conflicting Decisions in Customs Import Case — Tribunal's Preference for SVA Udyog Viniyog Ltd. Upheld. The Court held that the Tribunal correctly followed the judgment in SVA Udyog Viniyog Ltd. v. Union of India, which was later confirmed by the Division Bench and the Supreme Court, over Bussa Overseas and Properties (Pvt) Ltd. v. Union of India.

12 Mar 2010

The applicant, M/s Mewati & Co., sought clearance of two consignments of Neutral Malt Spirit (concentrated whiskey) under a REP license. The Customs o...

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