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Bombay High Court Allows Petitions Challenging Cancellation of Advance Authorizations and Demand for Customs Duty in Sugar Export Cases. Non-compliance with export obligation due to government-imposed export ban constitutes force majeure, and demand for duty with interest cannot be sustained.

The judgment concerns four writ petitions filed by companies engaged in sugar trading and export, challenging the cancellation of advance authorizatio...

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Bombay High Court Upholds Penalty for FEMA Violations in Bogus Export Case — Appellant Director Held Liable for Receiving Remittances Without Actual Exports Under Sections 3(b) and 3(d) of FEMA.

The case involves an appeal under Section 35 of the Foreign Exchange Management Act, 1999 (FEMA) against an order of the Appellate Tribunal for Foreig...

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Bombay High Court Allows Writ Petition in MEIS Export Incentive Case — Policy Relaxation Committee's Rejection Set Aside Due to Non-Application of Mind. Amendment of Shipping Bills Under Section 149 of Customs Act, 1962 Held Valid and Binding on DGFT for Grant of MEIS Benefits.

The petitioner, Technocraft Industries (India) Limited, a company incorporated under the Companies Act, 1956, manufactures scaffolding steel products ...

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Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

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Bombay High Court Dismisses Petition Challenging Enforcement Committee Decision in Textile Quota Fraud Case. Petitioner Found to Have Forged Visas and Fabricated Bank Realisation Certificates to Obtain Premium Quota.

The petitioner, M/s. Minar Exports, challenged a decision of the Enforcement Committee constituted under a notification dated 12 November 1999 by the ...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Premium Claim Under REP Circulars — Policy Change Prospective, No Vested Right to Premium on Licenses Issued Prior to Amendment.

The petitioners, Kagaz Packaging (a partnership firm) and its partner Ms. Rajul Manoj Shah, filed a writ petition in the Bombay High Court challenging...