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Bombay High Court Quashes Show Cause Notice in Customs Case Due to 24-Year Delay in Adjudication. Inordinate delay in adjudication of show cause notice under Section 28 of Customs Act, 1962 renders it stale and liable to be quashed as abuse of process.

The petitioners, Rachana Garments Pvt. Ltd. and its director Dinesh Kumar Bhartiya, challenged a show cause notice dated 27 June 1997 issued by the Co...

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Bombay High Court Allows Customs Duty Refund for Re-imported Goods Under Section 26(1)(b) of Customs Act, 1962 — Re-importation Within One Year of Export Qualifies for Refund Despite Procedural Lapses

The petitioner, Covestro India Private Limited, exported certain goods for exhibition purposes and subsequently re-imported them. The petitioner paid ...

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Supreme Court Upholds Forfeiture of Earnest Money in Contract for Sale of Aero-Scrap. Clause Explicitly Stipulating Deposit as Earnest Money and Forfeiture on Default Valid Under Sections 64 and 74 of Contract Act, 1872.

The dispute arose from a contract for sale of aero-scrap between the appellants, Shree Hanuman Cotton Mills, and the respondent, Tata Air-Craft Ltd. T...

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High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

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Bombay High Court Examines Rejection of Settlement Applications by Customs Settlement Commission for Non-Compliance with Section 127B of Customs Act, 1962. Petitioners Argued That Non-Payment of Interest Under Repealed Section 28AB Could Not Be Ground for Rejection, and Orders Were Arbitrary.

The petitioners, a father-son duo engaged in importing old and used cranes, faced three show cause notices issued by the Directorate of Revenue Intell...

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High Court of Karnataka Allows Appeal in Central Excise Case Due to Abatement Under Section 35G of Central Excise Act, 1944 — Settlement Under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 Renders Proceedings Infructuous and Extinguishes Liability.

The appellant, M/s Patanjali Foods Limited (formerly Ruchi Soya Industries Ltd), filed an appeal under Section 35G of the Central Excise Act, 1944, ch...

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Bombay High Court Hears Challenge to Denial of Exemption for Transitional Product Specific Safeguard Duty under Section 8C of Customs Tariff Act, 1975. Petitioner Asserts Notification No.96/2009-Cus. Intended to Exempt All Safeguard Duties and Phrase 'under section 8B' is Discriminatory.

The petitioner, a public limited company manufacturing pneumatic tyres, regularly imported Carbon Black from the People’s Republic of China. Carbon ...