Search Results for "Section 130 Customs Act"

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Search Results for "Section 130 Customs Act"

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Supreme Court

Supreme Court Upholds Arbitral Award in Commercial Contract Dispute — Joint and Several Liability of Holding Company and Subsidiary Upheld. Division Bench's restoration of award under Section 37 of Arbitration and Conciliation Act, 1996 affirmed, rejecting challenge on grounds of patent illegality and public policy.

3 Sep 2024

The case arises from a dispute between OPG Power Generation Private Limited (OPG) and its holding company Gita Power and Infrastructure Private Limite...

High Court

Bombay High Court Allows Appeal of Second Buyer of Imported Car, Sets Aside Duty Demand and Penalty. The Court held that once confiscation of a vehicle becomes final due to non-exercise of the redemption option, no customs duty can be demanded from a subsequent purchaser and no penalty under Section 112(a) of the Customs Act, 1962 is sustainable.

30 Apr 2019

The appeal was filed by Gagandeep Singh Anand under Section 130 of the Customs Act, 1962, challenging the order dated 28 July 2017 of the Customs, Exc...

Supreme Court

Supreme Court Allows Appeal in Customs Valuation Case — Sequential Application of Valuation Rules Mandatory. Rule 7 and Rule 9 of Customs Valuation Rules, 2007 Cannot Be Applied Without First Considering Rules 4 and 5 for Identical or Similar Goods.

22 Apr 2019

The case involves appeals by M/s. Diyas Mantra Lighting Private Limited and its directors against orders of the Principal Commissioner of Customs (Pre...

High Court

Bombay High Court Dismisses Appeal in Customs Case — Conversion of Shipping Bill from DEEC to Drawback Scheme Denied. CBEC Circular No. 4/2004 requires prior denial of DEEC benefit by DGFT or Customs; mere inability to utilize advance license does not qualify.

5 Jan 2016

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...

High Court

Bombay High Court Dismisses Appeal in Customs Case — Conversion of DEEC Shipping Bill to Drawback Scheme Denied. CBEC Circular No. 4/2004 Mandates Prior Denial of DEEC Benefit by DGFT or Customs Authorities, Which Was Not Established.

5 Jan 2016

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Documents. Father of detenu successfully challenged preventive detention order passed under Section 3(1) of COFEPOSA Act, 1974 on grounds of non-application of mind by detaining authority and failure to supply vital documents.

4 Jan 2012

The petitioner, Shri Rashid Kapadia, father of the detenu Khalil Ahmed Rashid Ahmed Kapadia, filed a writ petition under Article 226 of the Constituti...

High Court

Bombay High Court Dismisses Petition by Hospital Challenging Cancellation of Customs Duty Exemption for Failure to Provide Free Treatment. The court held that the continuous obligation of free treatment under Notification 64/88CUS was not fulfilled, and the hospital did not qualify for recategorization.

19 Jul 2011

The Petitioner, Dr. Balabhai Nanavati Hospital and Nanavati Hospital Research Centre, a public charitable trust registered under the Bombay Public Tru...

High Court

Bombay High Court Dismisses Appeal by Partnership Firm and Partner Against Penalty Under Customs Act — Double Jeopardy Plea Rejected. Penalty on firm and partner under Section 112 of Customs Act, 1962 is permissible as firm is a separate entity for penalty purposes.

6 Jul 2011

The appeal arose from an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 12 February 2004, which reduced penalties impo...

High Court

Bombay High Court Allows Customs Appeal Without Pre-deposit in Classification Dispute — Tribunal's Discretion Must Be Exercised Consistently. Pre-deposit direction set aside as Tribunal failed to follow its own earlier order on identical issue under Section 129E of Customs Act, 1962.

25 Nov 2010

The appellant, Videocon Industries Ltd., a manufacturer of LCD TVs, had been regularly importing Liquid Crystal Device – Thin Film Transistor Module...

High Court

Bombay High Court Allows Appeal in Customs Duty Recovery Case — Customs Authorities Cannot Recover Duty Dehors Sections 28 and 125 of Customs Act, 1962. Duty on Confiscated Goods Not Recoverable When Redemption Option Not Exercised.

15 Jun 2006

The Bombay High Court, in an appeal under Section 130 of the Customs Act, 1962, considered two substantial questions of law: whether customs authoriti...

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