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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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Bombay High Court Quashes Fiscal Penalty and Debarment Orders in Import-Export Dispute — Failure to Fulfill Export Obligation Not Attributed to Petitioner's Fault. Appellate Authority's Orders Set Aside for Lack of Reasoning and Failure to Consider Petitioner's Contentions.

The petitioner, M/s. Sudhir Diamonds, a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition under Article 226 of...

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Bombay High Court Considers Reference on Exemption for Bonded Warehouse Sales Under Section 5(2) of Central Sales Tax Act. Legal Issue Concerned Whether Transfer of Documents Before Filing Bill of Entry for Home Consumption Constitutes Sale in Course of Import Before Crossing Customs Frontiers.

The matter concerned two sales tax references made by the Maharashtra Sales Tax Tribunal under Section 61(1) of the Bombay Sales Tax Act, 1959, arisin...

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Bombay High Court Dismisses Revenue's Petition in Central Excise Rebate Case — By-Product Export Rebate Allowed. Input Credit Adjustment Permitted Under CENVAT Credit Rules, 2004 for Duty Paid on Inputs Used in Manufacture of Final Product, Even if By-Product is Not Manufactured.

The Union of India, through the Commissioner of Central Excise, Raigad, filed a writ petition challenging an order of the Joint Secretary (Revision Ap...

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Bombay High Court Allows Writ Petition Challenging CBEC Circular on Brand Rate of Drawback. Court holds that an exporter can claim Brand Rate of drawback under Rule 7 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 even after availing All Industry Rate under Rule 3.

The petitioner, Alfa Laval (India) Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging a Circular dated 30th Decemb...

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Bombay High Court Allows Revenue's Petition Against Rebate Claim on Exported Inputs/Capital Goods. Reversal of Cenvat Credit Does Not Constitute Payment of Duty for Rebate Under Rule 18 of Central Excise Rules, 2002.

The Commissioner of Central Excise, Raigad filed a writ petition challenging an order of the Joint Secretary to the Government of India dated 4 June 2...

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Bombay High Court Upholds MEP Notification for Iron Ore and Steel Products as Valid Exercise of Power Under Foreign Trade Act. Court holds that Minimum Export Price is a reasonable condition for export licensing and does not violate fundamental rights.

The petitioners, JSW Steel Limited and Welspun Tradings Limited, along with their officers, challenged the constitutional validity of the Minimum Expo...