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Search Results for "Customs appeal"

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High Court

Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Prosecution Fails to Prove Possession Beyond Reasonable Doubt. Recovery of Gold Biscuits and Currencies from Premises Not Sufficient to Establish Guilt of Accused Under Customs Act, 1962 and Imports and Exports (Control) Act, 1947.

7 Jan 2020

The case arises from an appeal filed by the Union of India through the Assistant Collector of Customs against an order of acquittal passed by the Addi...

High Court

Bombay High Court Dismisses Union of India's Petition in Customs Seizure Case — Burden of Proof Under Section 123 of Customs Act, 1962 Not Discharged. The Court held that the Department failed to prove that seized ball bearings were smuggled goods, as the goods were not notified under Section 123 and no evidence of smuggling was adduced.

16 Nov 2005

The Union of India filed a writ petition challenging an order of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) dated May 25, 2001,...

Supreme Court

Supreme Court Allows Union of India's Appeal in Customs Duty Priority Dispute. Customs duty under Section 150(2)(c) of Customs Act, 1962 has priority over warehouse charges under Section 150(2)(d) in distribution of sale proceeds of warehoused goods.

14 Feb 2020

The case involves a dispute between the Union of India (appellant) and M/s. Associated Container Terminal Ltd. (respondent) regarding the priority of ...

Supreme Court

Supreme Court Allows Union's Appeal Against High Court's Setting Aside of Amended Customs Notification. Power to Modify Exemption Under Section 25(1) Customs Act, 1962 Includes Power to Withdraw; No Vested Right to Concessional Duty.

12 May 2023

The case involves a challenge to the amendment of a customs exemption notification. The respondent, ABP Pvt Ltd, imported a high-speed printing machin...

High Court

Bombay High Court Quashes Interest Demand on Customs Duty for Provisional Assessment Prior to Amendment. Interest under Section 28AA of Customs Act, 1962 cannot be levied retrospectively for period before its insertion when provisional assessment under Section 18 did not provide for interest.

10 Jan 2014

The petitioner, M/s. R. K. Chemicals, a proprietorship firm, imported a consignment of Mono Sodium Glutamate in 1996. There was a dispute regarding th...

High Court

Bombay High Court Hears Writ Petition Seeking Refund of Customs Duty on Non-Delivered Goods. Importer's Refund Claim Rejected by Customs Authority Due to Inter-Departmental Dispute over Liability, Sections 13, 23, 27A of Customs Act, 1962 Involved.

19 Nov 2025

The petitioner, a company manufacturing PVC/CPVC pipes, imported 100 metric tons of Polyvinyl Chloride Resin SG-5 Erdos. It filed Bill of Entry No. 84...

High Court

Bombay High Court Dismisses Revenue's Appeal in Customs Case — Confiscation of Indian Currency Not Sustainably Linked to Smuggling. CESTAT's finding that Revenue failed to establish necessary ingredients for invoking Section 121 of Customs Act, 1962 upheld.

8 Sep 2010

The Commissioner of Customs (Preventive), Mumbai filed an appeal against the order of the Customs Excise and Service Tax Appellate Tribunal (CESTAT) d...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Customs Interest Refund Case — Interest Under Section 27A Payable from Date of Payment of Duty. The court held that the doctrine of unjust enrichment does not apply to interest under Section 27A of the Customs Act, 1962, and interest is payable from the date of payment of duty.

13 Aug 2015

The appeal was filed by the Commissioner of Customs, Bangalore, against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) d...

Supreme Court

Supreme Court Upholds Union's Appeal in Customs Duty Refund Suit; Civil Court Jurisdiction Barred Due to Statutory Remedy Under Sea Customs Act. The Court Held That Liability to Pay Customs Duty Is Not a Common Law Liability, and the Act Provides a Complete Machinery for Redress, Impliedly Excluding Civil Court Jurisdiction Unless Exceptional Circumstances Exist.

1 Sep 1969

The case concerned a suit for refund of customs duty levied on the import of newsprint. The plaintiff, A.V. Narasimhalu, imported 43 reels of newsprin...

High Court

Bombay High Court Quashes Customs Order-in-Original for Defying Advance Ruling on Betel Nut Classification. Authority for Advance Rulings' classification of betel nut products under CTH 2106 90 30 is binding on Customs authorities under Section 28J of the Customs Act, 1962.

18 Dec 2023

The petitioner, Isha Exim, a business engaged in importing edible products including processed betel nut (supari), challenged an Order-in-Original dat...

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