Search Results for "Section 130 Customs Act"

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Search Results for "Section 130 Customs Act"

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High Court

High Court of Karnataka Dismisses Revenue's Appeal in Customs Broker License Suspension Case — Prohibition Orders Set Aside for Violation of Natural Justice. CESTAT's Order Restoring Customs Broker License Upheld as Show Cause Notice and Hearing Were Not Provided Before Issuing Prohibition Orders Under Section 108 of Customs Act, 1962.

12 Jan 2022

The Commissioner of Customs, Bangalore Division, filed an appeal under Section 130 of the Customs Act, 1962, challenging the Final Order No.A/20356/20...

High Court

Bombay High Court Allows Petition in Customs Act Case — Confiscation and Penalties Quashed for Lack of Mens Rea. Imported capital goods released on payment of duty; no deliberate intent to evade duty established under Sections 111(d), 111(f), 112(a), and 125 of Customs Act, 1962.

27 Jan 2014

The petitioners, M/s. Central Cables Limited (a company manufacturing electric wires and cables), its Managing Director Govind Daga, and Purchase Offi...

High Court

Bombay High Court Upholds Commissioner's Suspension of CHA Licence for Employee Misconduct — Suspension Pending Inquiry Valid Without Prior Show Cause Notice Under Customs House Agents Licensing Regulations, 2004. The court held that suspension is an interim measure to safeguard revenue and does not require a show cause notice before issuance, as it is not a final penalty.

29 Nov 2006

The case involves two appeals arising from an order of the Customs Excise and Service Tax Appellate Tribunal (CESTAT) dated 4th April 2006. The Commis...

Supreme Court

Supreme Court Allows Revenue's Appeal, Holding That Appeal Against CESTAT Order on Exemption Notification Conditions Lies Before High Court Under Section 130 Customs Act. The dispute over unutilized duty-free imported materials after cessation of manufacturing does not involve determination of rate of duty or value of goods for assessment, thus High Court has jurisdiction.

1 Jul 2019

The case involves a dispute between the Commissioner of Customs, Bangalore-1 (appellant) and M/s Motorola India Ltd. (respondent) regarding the proper...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in GST Detention Case — Confiscation Notice Under Section 130 Without Prior Adjudication Under Section 129 Held Invalid. The court held that proceedings under Section 130 of the CGST Act, 2017 cannot be initiated without first completing the adjudication process under Section 129 of the Act.

25 Sep 2023

The Revenue (Union of India and others) filed an intra-court appeal against the order of a learned Single Judge in W.P.No.100849/2022 dated 16.08.2022...

High Court

Bombay High Court Allows Customs Appeal in Rig Import Valuation Case — Upholds Reassessment Based on Higher Transaction Value. Customs Duty Demand on 'Pride Pennsylvania' Rig Upheld as Invoice Value Not Sole Determinant Under Customs Act, 1962.

24 Apr 2006

The Commissioner of Customs (Imports), Mumbai, appealed against the order of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) which h...

High Court

Bombay High Court Allows Customs Appeal on Limitation Issue — Show Cause Notice Held Time-Barred. The relevant date for computing limitation under Section 28 of the Customs Act, 1962 for recovery of duty in case of provisional assessment is the date of refund order or refund cheque, not the date of credit into government treasury.

1 Mar 2006

The appellant, M/s Gujarat Alkalies & Chemicals Limited, filed an appeal under Section 130 of the Customs Act, 1962 against the order of the Customs, ...

High Court

Bombay High Court Dismisses Customs Appeal Against CESTAT Order Setting Aside Penalty and Confiscation. Import of Vessels for Offshore Exploration Not Liable to Penalty Under Customs Act for Alleged Misdeclaration of Value.

13 Jul 2017

The Commissioner of Customs (Imports), Mumbai, filed an appeal under Section 130(1) of the Customs Act, 1962 against a common order dated 14th August ...

High Court

Bombay High Court Holds That Question of Excisability of Goods Is a Question of Rate of Duty Appealable Only to Supreme Court Under Section 35L(2) of Central Excise Act, 1944, and Amendment Inserting Sub-section (2) Is Clarificatory in Nature.

6 Dec 2019

The case involves a reference to a Full Bench of the Bombay High Court to determine the appealability of a Tribunal order regarding excisability of go...

High Court

Madras High Court Dismisses Appeals of Gold Smuggling Accused in Customs Act Case — Confirms Tribunal's Finding of Involvement in Smuggling Conspiracy Based on Documentary Evidence and Circumstantial Links. The court held that the presence of incriminating documents and the modus operandi of using eligible passengers to smuggle gold jewellery established the appellants' involvement in the smuggling network under the Customs Act, 1962.

10 Jan 2025

The case involves 16 Civil Miscellaneous Appeals filed under Section 130(1) of the Customs Act, 1962, challenging a common order dated 24.12.2009 of t...

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