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High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Seizure of Vessel Under Customs Act, 1962; Seizure of Re-imported Floating Crane Valid as Exemption Notification Inapplicable When Re-import Not by Original Exporter.

5 Apr 2019

The case involved a writ petition filed by Fomento Resources Private Limited and its director challenging the seizure of a floating crane, MV Maria La...

High Court

Bombay High Court Allows Refund of Octroi on Aircraft Exported for Repairs - Differential Octroi of Rs.29,54,808/- Refundable as Export Was Not for Sale or Consumption. The court held that octroi is leviable only on goods brought into municipal limits for use, consumption, or sale, and not on goods temporarily imported for repairs and re-exported, under Section 192 of the Mumbai Municipal Corporation Act, 1888.

29 Mar 2012

The petitioners, Tata Motors Ltd. (formerly Tata Engineering & Locomotive Company) and another, filed a writ petition under Article 226 of the Constit...

Supreme Court

Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

6 Jan 2022

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

High Court

Bombay High Court Dismisses Revenue's Appeal in Customs Confiscation Case — Goods Not Liable for Confiscation Under Section 111(d) or 111(m) of Customs Act, 1962. Supplier's Innocent Involvement and Lack of Misdeclaration by Respondent Lead to Dismissal.

19 Apr 2005

The case involves two appeals filed by the Commissioner of Customs & Central Excise, Goa, under Section 130 of the Customs Act, 1962, against a common...

High Court

Bombay High Court Dismisses Petitions Challenging Retrospective Amendment to Foreign Trade Policy and Customs Notification. Court Holds That Importers Have No Vested Right in Export Obligation Period and Retrospective Amendment Is Valid to Prevent Misuse of Duty Exemption Scheme.

30 Jan 2015

The Bombay High Court dismissed two writ petitions challenging the validity of Notification No.2(RE 2013)/2009-14 dated 18th April 2013, which retrosp...

High Court

Bombay High Court Dismisses Petition Challenging Settlement Commission Orders in Customs Duty Under-Invoicing Case. Settlement Commission's Rejection of Settlement Application Upheld as Proper Exercise of Discretion Under Section 127H of Customs Act, 1962.

27 Jul 2010

The petitioner, M/s Paul Industries, imported electronic goods during 1995-96 and was issued a show cause notice on 11th June 1999 by the Directorate ...

High Court

Madras High Court Dismisses Writ Petitions Challenging Notification No.23/2008-Customs as Ultra Vires Section 74(2) of Customs Act, 1962 — Challenge Becomes Academic as Consignments Exported Beyond Statutory Period. The petitioner's claim for duty drawback was rejected as the goods were placed under customs control for re-export only after 32-34 months, exceeding the two-year limit under Section 74(1)(iii)(b) of the Customs Act, 1962.

25 Mar 2025

The writ petitions sought a declaration that Notification No.23/2008-Customs dated 01.03.2008 was ultra vires Section 74(2) of the Customs Act, 1962, ...

High Court

Bombay High Court Dismisses Assessee's Reference in Income Tax Case on Weighted Deduction, Capital Expenditure, and Revenue Receipt. Interest on Export Packing Credit Not Eligible for Section 35B Deduction; Professional Fees for Cement Project Held Capital Expenditure; Settlement Amount from Swiss Company Treated as Revenue Receipt.

5 Sep 2012

This judgment by the Bombay High Court pertains to an Income Tax Reference under section 256(1) of the Income Tax Act, 1961, arising from an appeal by...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Demurrage Charges — Triable Issues Raised Regarding Liability for Storage Charges After Goods Returned from Export. Court Held That Claim Was Not an Undisputed Debt and Defendants Had a Fair Chance to Defend Under Order 37 Rule 3 CPC.

24 Aug 2012

The plaintiff, E.M.U. Lines Private Limited, a shipping company, filed a summary suit against the defendants, M/s. Blue Ocean Lines Pvt. Ltd. and its ...

High Court

Bombay High Court Examines Constitutional Validity of IGST Act Provisions on Intermediary Services in Third Judge Reference. The court considered whether Section 13(8)(b) of the Integrated Goods and Services Tax Act, 2017, which deems the place of supply of intermediary services as the location of the supplier, is constitutionally valid and within legislative competence.

18 Apr 2023

The matter involved two writ petitions before the Bombay High Court challenging the constitutional validity of Section 13(8)(b) and Section 8(2) of th...

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