Search Results for "Section 123 Customs Act"

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Search Results for "Section 123 Customs Act"

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Supreme Court

Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

27 Feb 2019

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

Supreme Court

Supreme Court Refers Conflict Between High Courts on Settlement Commission Jurisdiction Under Customs Act — Personal Liberty and Right to Settle Disputes Under Chapter XIVA of Customs Act, 1962. The Court directed the matter to be placed before the Chief Justice of India due to divergence of opinion between Bombay and Delhi High Courts on whether an accused can approach the Settlement Commission after arrest.

4 May 2023

The present writ petition was filed by Yamal Manojbhai, a Non-Resident Indian (NRI), under Article 32 of the Constitution of India, raising an issue o...

Supreme Court

Supreme Court Dismisses Appeal of 100% EOU in Customs Duty Case for Unauthorized DTA Sales of Cut Flowers. Cut Flowers Held Non-Excisable, Duty Leviable on Inputs Under Notification No. 126/94-Cus as Amended, Extended Limitation Period Invoked for Wilful Suppression.

1 Sep 2020

The appeal arises from a dispute between M/s. L.R. Brothers Indo Flora Ltd., a 100% Export Oriented Unit (EOU) engaged in floriculture, and the Commis...

High Court

Bombay High Court Allows Cross-Examination in Customs Show Cause Proceedings - Right to Cross-Examine Witnesses Whose Statements Are Relied Upon Is a Fundamental Principle of Natural Justice

1 Mar 2018

The petitioner, Kalpena Industries Limited, a company incorporated under the Companies Act, 1956, engaged in manufacturing polyethylene/polypropylene ...

High Court

Bombay High Court Allows Appeal by Union of India in Customs Gold Confiscation Case — Confessional Statements Under Section 108 of Customs Act, 1962 Are Admissible Evidence and Cannot Be Discarded Without Proof of Coercion.

16 Oct 2018

The case involves an appeal by the Union of India and the Commissioner of Customs (Prev.) against an order of the Customs, Excise and Service Tax Appe...

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,...

High Court

Bombay High Court Upholds Settlement Commission's Majority Decision Rejecting Settlement Application in Customs Duty Evasion Case. Majority view prevails over minority view under Section 127I of the Customs Act, 1962 when there is a difference of opinion among Members.

16 Sep 2016

The petitioners, Under Water Services Company Limited and others, filed a Writ Petition under Article 226 of the Constitution of India challenging the...

High Court

Bombay High Court Dismisses Appeal by Partnership Firm and Partner Against Penalty Under Customs Act — Double Jeopardy Plea Rejected. Penalty on firm and partner under Section 112 of Customs Act, 1962 is permissible as firm is a separate entity for penalty purposes.

6 Jul 2011

The appeal arose from an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 12 February 2004, which reduced penalties impo...

Supreme Court

Supreme Court Dismisses Appeals in Customs Act Case, Upholds Convictions for Smuggling Foreign Wrist Watches. Appellants Convicted Under Section 135(1)(b)(i) of Customs Act Based on Confessional Statements and Recovery Evidence

23 Feb 2026

The Supreme Court heard appeals against a common judgment of the Gujarat High Court dated 21 December 2010, which dismissed criminal revision applicat...

High Court

Bombay High Court Allows Writ Petitions Challenging Customs Duty Recovery and Penalty on Import of MRI Machine. Court holds that benefit of exemption notification cannot be denied on ground that import licence was obtained prior to issuance of recommendation certificate, and that show cause notice issued after unreasonable delay is liable to be quashed.

7 Mar 2006

The judgment pertains to two writ petitions filed by M/s. Shah Diagnostic Institute Private Limited and its director Dr. Viral Shah challenging orders...

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