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Search Results for "Customs Confiscation"

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High Court

Bombay High Court Quashes Customs Confiscation Order for Used Haemodialysis Machines — Import Not Prohibited Under Hazardous Waste Rules. Used Medical Equipment Not Classifiable as 'Hazardous Waste' or 'Waste' Under Hazardous and Other Wastes (Management, Handling and Trans-Boundary Movement) Rules, 2016.

30 Jul 2024

The petitioner, Hemant Surgical Industries Limited, is engaged in importing, manufacturing, and supplying medical equipment. Since 2008, it has import...

High Court

Bombay High Court Dismisses Customs Appeals for Lack of Jurisdiction in Confiscation of Foreign-Origin Gold — Failure to Establish Smuggling or Illicit Import Under Customs Act, 1962. The court held that the burden of proof under Section 123 of the Customs Act, 1962, applies only to notified goods, and since gold was not notified, the Department failed to prove smuggling.

20 Mar 2024

The Commissioner of Customs, NS-V, filed three appeals under Section 130 of the Customs Act, 1962, against the common order of the Customs, Excise and...

High Court

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.

8 Sep 2022

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

High Court

High Court of Bombay at Goa Upholds Acquittal in Customs Act Case — No Evidence of Intent to Evade Duty. Foreign Currency Seizure Not Sufficient to Prove Offence Under Section 135(1)(c)(ii) of Customs Act, 1962 Without Proof of Mens Rea.

1 Mar 2016

The case arises from an appeal by the Union of India against the acquittal of the respondent, Harish Muljimal Gandhi, by the Chief Judicial Magistrate...

High Court

Bombay High Court Dismisses Petition Challenging Condition in Customs Circular Requiring Bank Guarantee for Accredited Importers. Condition Requiring Bank Guarantee for Differential Duty in Provisional Assessment Held Valid as Reasonable Safeguard Under Customs Act, 1962.

8 Nov 2011

The petitioner, Shah Pulp & Paper Mills Limited, challenged the legality and validity of a condition contained in paragraph 7(iii) of a circular issue...

High Court

Bombay High Court Quashes Customs Revision Order for Violation of Natural Justice — Matter Remanded for Fresh Hearing. Failure to provide cross-examination of witnesses and reliance on ex-parte statements without opportunity to rebut renders revisional order unsustainable under Section 129DD of the Customs Act, 1962.

13 Jul 2010

The petitioners, Meadows Shipping Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India challenging an order dat...

High Court

Bombay High Court Directs Return of Security Deposit with Interest in Customs Duty Dispute — Petitioner Entitled to Refund of Rs.10 Crores with 18% Interest After CESTAT Set Aside Confiscation Order. The Court held that once proceedings are finalized in favour of the importer, the revenue cannot retain the security deposit and must return it with interest from the date of deposit under the Customs Act, 1962.

14 Jun 2010

The petitioner, M/s Pride Foramer, a company engaged in offshore oil exploration, imported a rig 'Pride Pensylvania' for a contract with ONGC. On 15 M...

High Court

Bombay High Court Allows Writ Petition Challenging Interest Demand Under Section 28AA of Customs Act, 1962. Interest on Delayed Payment of Duty Held Payable Only After Crystallization of Duty Liability by Supreme Court Decision.

28 Mar 2006

The petitioner, M/s. M.J. Exports Pvt. Ltd., imported 53 Haemodialysis Machines and accessories under an Open General License and claimed exemption un...

High Court

Bombay High Court Dismisses Petition Challenging Notification Importing Customs Recovery Provisions for Excise Duty Interest. Section 12 of Central Excise Act, 1944 Validly Empowers Application of Customs Act Recovery Mechanisms for Interest on Delayed Payment of Excise Duty.

3 Mar 2006

The petitioner, Krishnakant Sakharam Ghag, a partner of M/s Amit Textile Processors, filed a writ petition in the Bombay High Court challenging the va...

High Court

Bombay High Court Quashes Recovery Notices Against Directors in Central Excise Case — No Personal Liability Without Specific Statutory Provision. Directors of a company cannot be treated as assessees or deemed to be in default for excise duty demands under the Central Excise Act, 1944, in the absence of a provision akin to Section 179 of the Income Tax Act, 1961.

17 Aug 2005

The petitioners, Sunil Parmeshwar Mittal and Kirti Trambaklal Shah, were directors of a company that was assessed for excise duty. The Deputy Commissi...

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