Search Results for "Section 142 Customs Act"

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Search Results for "Section 142 Customs Act"

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High Court

Bombay High Court Dismisses Review and Writ Petitions in GST Input Tax Credit Refund Case for Duty Free Shops. Sale of duty free goods at airport departure area is not export, hence no refund of ITC under Section 54 of CGST Act, 2017.

7 Oct 2019

The judgment concerns three matters: a criminal application seeking review of dismissal of a PIL, and two writ petitions challenging an adjudication o...

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 Secured Creditor's Appeal in Customs Duty Priority Dispute Over Wound-Up Company's Hypothecated Goods. Held that customs authorities do not have priority over secured creditors under Section 529A of Companies Act, 1956 for sale of warehoused goods under Customs Act, 1962.

1 Sep 2023

The appeal by Industrial Development Bank of India (IDBI) challenged the judgment of the Andhra Pradesh High Court which held that customs authorities...

High Court

Bombay High Court Dismisses Petition Challenging Attachment of Premises Under Customs Act — Licensee Lacks Locus Standi After Expiry of Licence. The court held that an erstwhile licensee whose licence had expired has no subsisting right in the attached property and is not entitled to a hearing before attachment under Section 142 of the Customs Act, 1962.

5 Oct 2012

The petitioners, Aditya Birla Nuvo Ltd. and another, filed a writ petition challenging the attachment of a residential flat by the Customs Authorities...

High Court

Bombay High Court Allows Petition Challenging Customs Duty Demand for Goods Imported at Different Port. Commissioner of Customs, Bombay lacks jurisdiction to demand duty for goods imported at New Delhi under an advance licence after change of port of registration.

14 Oct 2005

The petitioner, Vimal Nath, carrying on business as M/s Sharika Intl, was issued an advance licence on 16/2/1994 by licensing authorities at Delhi per...

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 Quashes Customs Demand Against Ex-Director for Company Dues — No Personal Liability Without Statutory Provision. Section 142(1)(c)(ii) of Customs Act, 1962 does not authorise recovery from a former director who ceased to be associated with the company before the demand.

15 Feb 2019

The petitioner, Purshottam Das Gupta, an 86-year-old senior citizen, was formerly a director of Sujata Verbatim Limited (later renamed PDG Infotech Li...

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...

High Court

Bombay High Court Dismisses Revenue's Appeal in Customs Confiscation Case — Goods Not Liable for Confiscation Under Section 111(d) or 111(m) of Customs Act, 1962. Supplier's Innocent Involvement and Lack of Misdeclaration by Respondent Lead to Dismissal.

19 Apr 2005

The case involves two appeals filed by the Commissioner of Customs & Central Excise, Goa, under Section 130 of the Customs Act, 1962, against a common...

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