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Bombay High Court Quashes Show Cause Notice in Customs Duty Demand Case Due to Inordinate Delay — 9-Year Delay in Adjudication Violates Principles of Natural Justice and Is Oppressive Under Customs Act, 1962.

The petitioner, Eastern Agencies Aromatics (P) Ltd., a company registered under the Companies Act, 1956, filed a writ petition challenging a Show Caus...

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Bombay High Court Allows Petition Against Customs for Demurrage Charges Due to Delay in Assessment. Customs Department Directed to Bear Warehousing Charges for Inordinate Delay in Finalising Assessment of Imported Goods.

The petitioner, Apollo Paper Mills Ltd., imported second-hand machinery from the UK in 1995 to set up a paper manufacturing unit in Gujarat, seeking c...

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Bombay High Court Quashes Show Cause Notice in Customs Valuation Case — Issue Already Adjudicated by CESTAT. Principle of Res Judicata Applied to Successive Show Cause Notices for Enhancing Invoice Value Under Customs Act, 1962.

The petitioner, M/s. Royal Oil Field Private Limited, entered into a contract on February 25, 2002 with M/s. IMX Port National Trading Corporation, Ca...

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Bombay High Court Allows Writ Petitions Challenging Rejection of Provisional Release of Seized Goods Under Customs Act — Directs Release on Conditions. Joint Commissioner's order set aside as not considering Section 110A of Customs Act, 1962; goods to be released on bank guarantee and bond.

The Bombay High Court disposed of two writ petitions filed by Himgiri Buildcon & Industries Limited and Agsons Agencies (I) Private Limited against th...

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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.

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...

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Bombay High Court Allows Writ Petition Challenging Detention of Second Hand Machinery Import — Circular No.4/2008-Cus Held Ultra Vires Section 14(1) of Customs Act, 1962. Transaction Value Must Be Accepted Unless Rebutted by Proper Evidence; Guidelines in Circular Cannot Override Statutory Provisions.

The petitioner, M/s Bosch Limited (formerly Motor Industries Co. Ltd.), a public limited company engaged in manufacturing automotive components, impor...

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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.

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

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High Court of Bombay Allows Release of Detained Vehicle in Customs Case — Petitioner's Vehicle Detained for Transporting Counterfeit Goods, Court Orders Release on Payment of Redemption Fine and Penalty

The petitioner, Haresh S. Bhanushali, proprietor of M/s. Jalaram Container Movers, owned a trailer bearing registration No. MH-46-H-1284. The vehicle ...