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Search Results for "Customs appeal"

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High Court

High Court of Karnataka Dismisses Revenue's Appeal in Customs Broker License Suspension Case — Prohibition Orders Set Aside for Violation of Natural Justice. CESTAT's Order Restoring Customs Broker License Upheld as Show Cause Notice and Hearing Were Not Provided Before Issuing Prohibition Orders Under Section 108 of Customs Act, 1962.

12 Jan 2022

The Commissioner of Customs, Bangalore Division, filed an appeal under Section 130 of the Customs Act, 1962, challenging the Final Order No.A/20356/20...

High Court

Bombay High Court Quashes Orders Rejecting Condonation of Delay in Customs and Central Excise Appeals; Directs Fresh Consideration. Appellate Authorities Failed to Exclude Time Taken in Prosecuting Writ Petitions Before Filing Statutory Appeals, as Required Under Section 14(2) of Limitation Act, 1963.

24 Dec 2014

The judgment arises from two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court. The lead petition, WP N...

Supreme Court

Supreme Court Allows Appeal in Customs Valuation Dispute — Mandamus Issued to Assess Imported Scrap on Transaction Value. Court Holds That Declared Transaction Value Must Be Accepted Unless Proper Officer Follows Procedure Under Section 14 and Rule 12 of Customs Valuation Rules, 2007.

27 Mar 2019

The appellants, Century Metal Recycling Pvt. Ltd. and Gauri Shankar Agarwala, filed a writ petition before the Allahabad High Court challenging the pr...

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...

High Court

Bombay High Court Quashes Customs Demand Notices for Violation of Natural Justice — Assessment Finalized Without Personal Hearing or Reasons. The court held that under Section 17 of the Customs Act, 1962, the assessing officer must provide a personal hearing and furnish reasons before modifying self-assessed Bills of Entry.

21 Jan 2014

The petitioners, Zuari Agro Chemicals Limited and its employee, filed a writ petition under Article 226 of the Constitution of India challenging deman...

High Court

Bombay High Court Dismisses Revenue's Writ Petition in Customs Smuggling Case — CEGAT Order Upheld for Lack of Evidence. Confiscation of Foreign Currency Set Aside as Revenue Failed to Prove Smuggling or Fraudulent Procurement of Currency Declaration Form Under Customs Act, 1962.

30 Mar 2010

The Union of India, through the Commissioner of Customs (Preventive), Mumbai, filed a writ petition under Articles 226 and 227 of the Constitution of ...

High Court

High Court of Bombay Dismisses Customs Appeal in Customs Broker Licensing Case — First Breach Considered Mitigating Factor. The court upheld the CESTAT order reducing penalty for Mahavir Logistics, a customs broker, on the ground that it was the first breach under the Customs Brokers Licensing Regulations, 2013.

7 Dec 2022

The Principal Commissioner of Customs (General) appealed against an order of the Customs Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai, w...

High Court

Bombay High Court Allows Customs Appeal in Rig Import Valuation Case — Upholds Reassessment Based on Higher Transaction Value. Customs Duty Demand on 'Pride Pennsylvania' Rig Upheld as Invoice Value Not Sole Determinant Under Customs Act, 1962.

24 Apr 2006

The Commissioner of Customs (Imports), Mumbai, appealed against the order of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) which h...

High Court

Bombay High Court Allows Appeal Against Tribunal's Refusal to Stay Redemption Fine. Holds that Customs Tribunal Has Inherent Jurisdiction to Stay Redemption Fine Under Section 125 of Customs Act, 1962, as Section 129E Does Not Apply.

8 Dec 2017

The appellant, Mydream Properties Private Limited, imported a yacht and VSAT equipment, against which the Commissioner of Customs passed an order-in-o...

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 ...

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