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Bombay High Court Dismisses Petition Challenging Rejection of Kar Vivad Samadhan Scheme Declaration Under Section 72 of Customs Act, 1962. Declaration Filed Beyond Scope of Scheme as It Sought to Include Disputes Not Covered by Pending Appeal.

The petitioners, Anup Engineering Limited and Shri V.R. Shah, filed a writ petition in the High Court of Judicature at Bombay challenging an order/com...

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Bombay High Court Dismisses Petition Challenging Condition in Customs Circular Requiring Bank Guarantee for Accredited Importers. Condition Requiring Bank Guarantee for Differential Duty in Provisional Assessment Held Valid as Reasonable Safeguard Under Customs Act, 1962.

The petitioner, Shah Pulp & Paper Mills Limited, challenged the legality and validity of a condition contained in paragraph 7(iii) of a circular issue...

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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.

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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Bombay High Court Dismisses Challenge to Nexus Requirement Under Duty Free Credit Entitlement Scheme. Paragraph 3.2.6A of Handbook of Procedures Requiring Nexus Between Imported Goods and Exported Products Held Valid Under Foreign Trade Policy.

The petitioner, Jindal Drugs Limited, an exporter of menthol-based products and a status holder under the Foreign Trade Policy, was granted a Duty Fre...

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Gujarat High Court Quashes Penalties on Customs Broker for Importer's Misdeclaration — No Mens Rea or Knowledge of Fraud Established. Section 112(a), 112(b), 114AA of Customs Act, 1962 require active involvement or knowledge for penalty imposition on customs broker.

The petitioner, M/s. Mathuradas Narandas and Sons Forwarders Ltd., a customs broker, was engaged by GKR Traders Pvt. Ltd., the importer, to facilitate...

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Bombay High Court Quashes Clarification in Direct Tax Vivad se Vishwas Act, 2020 — Circular No.21/2020 Held Ultra Vires. The clarification requiring withdrawal of appeal as a condition for filing declaration under the Act was struck down as arbitrary and violative of Article 14.

The petitioner, Macrotech Developers Limited, a public limited company engaged in real estate, filed a writ petition under Article 226 challenging a c...