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Bombay High Court Allows Customs Appeal Against CESTAT Order for Provisional Release of Seized iPhones. Ownership Dispute Precludes Release Under Section 110A of Customs Act, 1962.

The Commissioner of Customs (Import), Mumbai, appealed against an order dated 23 June 2022 passed by the Customs, Excise and Service Tax Appellate Tri...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Derivative Transaction Dispute. Challenge Under Section 34 of Arbitration and Conciliation Act, 1996 Fails as Award Not Patently Illegal or Perverse.

The appeal arose from a judgment of a learned Single Judge dated 6 July 2012 dismissing a petition under Section 34 of the Arbitration and Conciliatio...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Lack of Full and True Disclosure. Container Detention Charges Collected as Agent Held Not Income of Assessee Due to Agency Relationship and RBI Circular.

The petitioner, NYK Line (India) Ltd., a wholly owned subsidiary of a non-resident shipping line, acted as its agent under an agency agreement dated 1...

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Bombay High Court Quashes Termination of Anti-Dumping Investigation in Seamless Tubes Case — Designated Authority Failed to Provide Opportunity of Hearing Before Terminating Investigation Under Customs Tariff Rules, 1995.

The petitioner, M/s. ISMT Limited, a manufacturer of seamless tubes and pipes, filed an anti-dumping application before the Designated Authority alleg...

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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...