Search Results for "Section 138B"

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High Court of Gujarat Allows Writ Petition Challenging GST Confiscation Notice Due to Improper Procedure. Authorities Must Complete Entire Process Under Section 129 of Central Goods and Services Tax Act, 2017 Before Invoking Confiscation Under Section 130, Unless Intention to Evade Tax is Established.

The dispute arose from the detention of a truck transporting metal scrap by the State Tax Officer on November 22, 2023, under Section 129 of the Centr...

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Bombay High Court Dismisses Writ Petitions Challenging Customs Adjudication Order for Lack of Compliance with Section 138B; Directs Petitioners to Avail Alternate Remedy. Failure to Avail Opportunity for Cross-examination Precludes Exercise of Writ Jurisdiction Under Article 226.

The petitioners, engaged in import of goods such as rechargeable torches and LED lights, were issued show cause notices by the Directorate of Revenue ...

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Bombay High Court Quashes Customs Order-in-Original for Violation of Natural Justice — Petitioner Denied Cross-Examination Opportunity Under Section 138B of Customs Act, 1962. The court held that denial of cross-examination vitiates the proceedings and remitted the matter for fresh adjudication.

The petitioner, Shri Bipin Badani, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the o...

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CUSTOMS APPEAL NO. 100 OF 2012

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Bombay High Court Quashes Collector’s Order Declaring Gram Panchayat Seats Vacant Under Section 13A of Maharashtra Village Panchayats Act. Timely Dispatch of Resignation by RPAD Held Sufficient Compliance; Receipt After Deadline Does Not Invalidate Resignation.

The petitioner, Kaveri Hanumant Borge, was elected as a member of the Babhalkhunta Gram Panchayat and directly elected as Sarpanch on 9th October 2017...

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High Court of Bombay at Goa Allows Customs Appeals in Gold Smuggling Case Due to Lack of Evidence and Procedural Violations. Confiscation of Gold and Imposition of Penalties Set Aside for Failure to Prove Smuggling Beyond Reasonable Doubt.

The case involves five appeals filed by Ciabro Alemao (through legal representatives), Joaquim Alemao, Churchill Alemao, Anthony John Rodrigues, and S...