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High Court

Bombay High Court Allows Petition Challenging Customs Duty Demand for Goods Imported at Different Port. Commissioner of Customs, Bombay lacks jurisdiction to demand duty for goods imported at New Delhi under an advance licence after change of port of registration.

14 Oct 2005

The petitioner, Vimal Nath, carrying on business as M/s Sharika Intl, was issued an advance licence on 16/2/1994 by licensing authorities at Delhi per...

High Court

Bombay High Court Allows Customs Appeals in DEPB Overvaluation Case — Finds No Evidence of Overvaluation or Fraud. Revenue's reliance on market enquiry and statements of third parties insufficient to prove that exported automobile parts were overvalued for DEPB benefits under Customs Act, 1962.

13 Apr 2015

The appellant, M/s Advance Netways Marketing Pvt. Ltd., was an exporter of automobile parts such as door bidding, fuel pump fitting, front suspension ...

High Court

Madras High Court Dismisses Writ Petitions Challenging Notification No.23/2008-Customs as Ultra Vires Section 74(2) of Customs Act, 1962 — Challenge Becomes Academic as Consignments Exported Beyond Statutory Period. The petitioner's claim for duty drawback was rejected as the goods were placed under customs control for re-export only after 32-34 months, exceeding the two-year limit under Section 74(1)(iii)(b) of the Customs Act, 1962.

25 Mar 2025

The writ petitions sought a declaration that Notification No.23/2008-Customs dated 01.03.2008 was ultra vires Section 74(2) of the Customs Act, 1962, ...

High Court

Bombay High Court Allows Amendment of EPCG Licence with Retrospective Effect - Licensing Authorities Have Power to Amend Licence Retrospectively. The court held that the power to grant a licence includes the power to amend it, and there is no bar in the Foreign Trade Policy or the Customs Act against retrospective amendment.

16 Mar 2011

The petitioner, M/s. Bhilwara Spinners Ltd., a company engaged in the manufacture and sale of yarn, obtained a zero duty Export Promotion Capital Good...

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 Dismisses Revenue's Appeal in Export Deduction Case — Freight, Insurance, Packing Receipts, Sales Tax Set-off/Refund, and Service Income Not Excludable from Profits of Business Under Section 80HHC Explanation (baa). The Court held that these receipts are not in the nature of 'receipts by way of brokerage, commission, interest, rent, charges or any other receipt of similar nature' and thus 90% thereof is not to be excluded from profits of business.

8 Apr 2010

The case involved an appeal by the Commissioner of Income Tax-6 against an order of the Income Tax Appellate Tribunal dated 6th June 2008 for Assessme...

High Court

Bombay High Court Allows Revenue's Appeal on DEPB Sale Profits and Export Deduction Computation. The Court held that the entire amount received on sale of DEPB entitlements is chargeable under Section 28(iiid) of the Income Tax Act, 1961, and that freight and insurance costs are not to be excluded from direct costs for computing deduction under Section 80HHC.

7 Jul 2010

The appeal by the Revenue under the Income Tax Act, 1961, raised four substantial questions of law concerning the treatment of profits from the sale o...

High Court

Bombay High Court Allows Writ Petition for MEIS Benefits on Cashew Kernel Exports. Exporters entitled to MEIS reward at 5% rate for exports made after 01.11.2017, even if shipping bills were filed before that date.

1 Dec 2021

The petitioner, Ajanta Industries, a proprietorship concern engaged in manufacturing and exporting cashew kernels, sought to avail the benefit of the ...

High Court

Bombay High Court Dismisses Petitions Challenging Retrospective Amendment to Foreign Trade Policy and Customs Notification. Court Holds That Importers Have No Vested Right in Export Obligation Period and Retrospective Amendment Is Valid to Prevent Misuse of Duty Exemption Scheme.

30 Jan 2015

The Bombay High Court dismissed two writ petitions challenging the validity of Notification No.2(RE 2013)/2009-14 dated 18th April 2013, which retrosp...

High Court

Bombay High Court Allows Writ Petition Challenging Policy Circular on Export Obligation Discharge. Circular requiring actual use of imported materials for export obligation discharge under Advance Authorization Scheme held ultra vires the Foreign Trade Policy and the Foreign Trade (Development & Regulation) Act, 1992.

8 Feb 2022

The petitioner, Essar Shipping Limited, a company engaged in maritime transport services, challenged Policy Circular No.25 of 2007 dated 1st January, ...

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