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- 2020 (2) TMI 1214
Application to the High Court, any question of law arising from order of the Tribunal - HELD THAT:- There is nothing in the text of Section 130A which implies that the High Court is mandatorily required to call for a statement from the Tribunal in every case, where a reference is made. This is so because of the language of Sub-Section 4 which opens with an ‘if’. A reading of Section 130A (1) & (4) would make it clear that if the Commissioner of Customs or other party within the prescribed period of limitation applies in the prescribed form to the High Court to direct the Appellate Tribunal to refer to the High Court any question of law arising from such order of the Tribunal, the High Court may do so. What is clear on a reading of sub-section (4) is that the High Court has a discretion on the facts of each case either to d....... + More
- 2020 (2) TMI 705
Calculation and Recovery of customs duty - auction sale of warehoused goods - distribution of sale proceeds - argument of Revenue is that the distribution of sale proceeds has to be in accordance with Section 150 of the Act as there is a specific provision concerning custom duty charges which will have precedence over recovery of warehouse charges under 150(2)(e) of the Act - whether the calculation of the custom duty would be assessed as on the date of the deemed removal of goods from the warehouse in terms of Section 61 as interpreted by this Court in Kesoram or on the date of sale for the reason that the importer has failed to seek clearance of the goods imported? HELD THAT:- As per the appellants, the right to recover customs duty is superior to the right to recover warehouse charges in terms of Section 150 of the Act and that sale wa....... + More
- 2020 (2) TMI 704
Purchase from 100% EOU and export - 100% EOU are not entitled for export incentives and exemption - Vishesh Krishi Upaj Yojna - Validity of Circular dated 21st January, 2009 - challenge on the ground that it is contrary to the Foreign Trade Policy 2004-2009 - Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 - HELD THAT:- Section 5 of the Act empowers the Central Government to formulate and announce by notification in the official gazette the Foreign Trade Policy and may also, in the like manner, amend that policy from time to time. The Circular dated 21st January, 2009 does not modify or amend the Scheme notified for the year 2006- 07. It only clarifies that 100% export-oriented units which are not entitled to seek exemption cannot avail benefit indirectly through the purchasers from them. It is modification or amendm....... + More
- 2020 (1) TMI 951
Advance Licence Scheme - clearance of the consignment free of import duty in terms of Customs N/Ns. 203/1992, 204/1992, both dated 19.05.1992 - HELD THAT:- The order of the High Court is completely unsustainable. The entire consignment was imported under one advance licence issued to the petitioner prior to 19.05.1992. The fortuitous circumstance that part of the consignment was actually imported prior to 25.11.1993 and the rest subsequent thereto is hardly relevant in view of the clarificatory notification dated 18.03.1994 that the exemption would continue to apply subject to fulfilment of the specified terms and conditions. It is not the case of the respondents that the consignments imported subsequently did not meet the terms and conditions of the exemption. It is unfortunate that the High Court failed to follow its own orders in a sim....... + More
- 2019 (12) TMI 74
Jurisdiction - Competence of concerned authority to proceed in the matter in the context of Article 24 of the Appendix ‘D’ to the Treaty dated 30.08.2009 between the Republic of India and the Association of South East Asia Countries (ASEAN) - HELD THAT:- The issue raised by the appellant(s) regarding the efficacy of Article 24 of the Appendix ‘D’ to the Treaty cannot be adjudicated by the competent authority. That issue needs to be addressed by the High Court in the Writ Petition(s) filed by the concerned appellant(s). The parties are relegated before the High Court by restoring the concerned writ petition(s) to their original number(s), to be decided on their own merits in accordance with law - appeal allowed.
- 2019 (11) TMI 973
Period of limitation of 60 days for storing imported/exported cargo at Port - rent/usage charges for using the open space, covered space, containers, office accommodation, etc. - Validity of circular dated 31st August, 1998 - scales of rates prescribed vide Notification dated 4th November, 1993 - Past Clearance of import cargoes from Kandla Port - contentions raised by the appellant are that after the amendment vide Act 15 of 1997, applicable with effect from 9th January, 1997, in terms of Section 47A read with Sections 48 and 49 of the Port Trusts Act, only the Tariff Authority could have fixed the tariff/rent and the Traffic Manager could not have directly or indirectly fixed the said tariff, which the latter did by way of issuance of the impugned circular dated 31st August, 1998. Whether the impugned circular dated 31st August, 1998 wa....... + More
- 2019 (11) TMI 688
Scope of Section 20 of the Foreign Trade (Development and Regulation) Act, 1992 - Prohibited goods or not - powers conferred by Clause 8(1) of the Imports (Control) Order, 1986 - HELD THAT:- The appellants are not in a position to point out as to how the subject order dated 14-11-1986 would be covered by the savings clause under sub-sections (2) or (3) of the Section 20 of the Act. Even the saving provision under the General Clauses Act will be of no avail to the appellants for the reasons mentioned hitherto. For, a quasi judicial order passed in exercise of powers under the Statutory Order which stands repealed along with the repealed Act, is not saved especially when it will be per se repugnant to 1992 Act and defeat the spirit of opening of the import regime for the stated goods - appeal dismissed.
- 2019 (11) TMI 608
Applicability of Consumer Protection Act, 1986 in case of REP License in terms of the import and export policy - Whether Government is a service provider - principal issue that was canvassed before the SCDRC and in revision was that the consumer fora had no jurisdiction to entertain a consumer complaint on the ground that no service is rendered by the Union Government when it provides incentives under the Exim policy - whether a person who has made a claim under an REP licence issued in terms of the import and export policy - in this case, the policy for April 1988 to March 1991 - is a consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986? HELD THAT:- The objects of the policy are essentially to stimulate industrial growth by providing easy access to imported capital goods, raw materials and components, to su....... + More
- 2019 (9) TMI 1282
Valuation of imported goods - necessary software had to be embedded in the equipment - cost of post import services - rejection of declared value - Classification with reference to Note 4 to Section XVI of the First Schedule - Rule 10A of the erstwhile Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 - inclusion of cost of services - Rule 9(1) (e) (adding cost of services) of the erstwhile Custom Valuation (Determination of Price of Imported Goods) Rules, 1988 - provisional assessment not finalised - HELD THAT:- It is a matter of record that after considering the purchase order in the instant case, the Tribunal found that apart from supply of equipment, necessary software had to be embedded in the equipment before the supply was effected. The facts also disclose that out of 19 items indicated in the Bill of Entry, ....... + More
- 2019 (9) TMI 802
Maintainability of Refund claim - order of assessment in appeal not challenged - whether in the absence of any challenge to the order of assessment in appeal, any refund application against the assessed duty can be entertained? Whether in the case of self-assessment without passing a speaking order, it can be termed to be an order of self-assessment? - HELD THAT:- In Escorts Ltd. v. Union of India & Ors. [ 1994 (2) TMI 74 - SUPREME COURT ] the question arose for consideration as to the Bill of Entry classifying the imported goods under a certain tariff item and paying the duty thereon. This Court held that in such a case signing of the bill of entry itself amounted to passing an order of assessment. Hence, the application seeking a refund on the ground that imported goods fell under a different item attracting a far lower rate of duty....... + More
- 2019 (9) TMI 229
Maintainability of appeal before HC or SC - appropriate forum or not - whether an appeal from the order of CESTAT, involving an issue regarding violation of conditions contained in customs exemption notification, would lie before the High Court under the provisions of Section 130 of the Customs Act, 1962 or to this Court under the provisions of Section 130E of the Customs Act? HELD THAT:- An appeal shall lie to the High Court against every order passed in appeal by the Appellate Tribunal, if the High Court is satisfied that the case involves a substantial question of law. The only exception carved out is that an appeal shall lie before this Court and shall not lie before the High Court against the order relating, amongst other things, to the determination of any question having relation to the rate of duty of customs or to the value of go....... + More
- 2019 (7) TMI 1065
Whether in the facts and circumstances of the case M/s. Khanbhai Esoofbhai in whose hands the vessel was actually broken up is liable to pay customs duty that became leviable in accordance with proviso to N/N. 163/65Cus dated 16.10.1965, or otherwise? - HELD THAT:- Following the judgment of this Court in [2016 (4) TMI 490 - SUPREME COURT], the appeal is allowed. - when excise duty is exempted, there is no question of payment of additional duty. Consequent to the appeal being allowed it shall be open for the appellant to request for refund of the custom duty paid by the appellant.
- 2019 (6) TMI 983
Condonation of delay of 731 days in filing appeal - valuation of imported goods - HELD THAT:- There is a delay of 731 days in filing the appeal which has not been explained satisfactorily - Even on merits, there is no reason to interfere with the impugned order - appeal dismissed both on the ground of delay as well as on merits.
- 2019 (6) TMI 982
Application for early hearing of the appeal - Benefit of Notification No. 43/2002 - HELD THAT:- Let the appeal be listed in the month of March, 2019 before the appropriate Bench - Application disposed off.
- 2019 (6) TMI 527
Extension of ADD for a further period of two months - - Relevant date of notification - notification of 20.8.2018 - HELD THAT:- The application before the High Court has been fixed on 12th June, 2019. We are not inclined to interfere all more so since this stage, the order impugned was passed on 24th April, 2019. These matters are adjourned till 17th June, 2019.
- 2019 (5) TMI 1652
Validity of SCN - During the pendency of these SLPs, SCN came to be issued by the competent authority, which has been duly served on the petitioner(s) - HELD THAT:- The petitioner(s) may have to assail the said show cause notice in the first instance. We permit the petitioner(s) to pursue such remedies, including filing of Writ Petition before the High Court, as may be available against the said show cause notice, which be decided on their own merits and in accordance with law. If the Writ Petition is filed before the High Court, we request the High Court to consider the prayer for interim directions expeditiously on its own merits after hearing all concerned - SLP disposed off.
- 2019 (5) TMI 1152
Valuation of imported goods - rejection of declared value - recording in writing the grounds for doubting the truth or accuracy of the value declared and intimation to the importer under Rule 12 (2) - aluminium scrap - inclusion of value of commission, brokerage, engineering, design work, cost of transportation, etc. in declared value - scope of 'reason to believe' - provisional assessment of duty - HELD THAT:- Section 18 provides for provisional assessment of duty in cases specified in sub-section (1) of the Section. Clause (c) of sub-section (1) deals with cases where importer or exporter has produced necessary documents and furnished full information for assessment of duty but the proper officer deems it necessary to make further enquiry for assessing the duty. However, Clause (d) is wider and would apply when the importer or e....... + More
- 2019 (4) TMI 1785
Retention of stock - unlawful possession of such fins - HELD THAT:- The petitioner is permitted to file review only for that limited purpose before the High Court and if that order is adverse, the petitioner can assail only that order before this Court by way of special leave petition. The High Court may decide the matter on its own merits and in accordance with law - SLP disposed off.
- 2019 (4) TMI 1729
Detention of goods - grievance of appellant is essentially that even if the reassessment had been completed that did not result in deciding the issue as to whether the initial action of detention of the goods was legal and proper - HELD THAT:- Without expressing any opinion on the merits of the contention, we deem it appropriate to relegate the parties before the High Court by restoring the Writ Petition to its original number for reconsideration on all aspects. The impugned order is set aside - appeal allowed.
- 2019 (4) TMI 1565
Stay of appeal - The CESTAT in the impugned order ELECTROTHERM INDIA LIMITED, ASHAPURA VOLCLAY LTD AND OTHERS VERSUS C.C., KANDLA AND ORS. [2017 (6) TMI 659 - CESTAT AHMEDABAD] had noted that the said issue of classification is pending in this Court in other appeals. The order of the CESTAT disposing of the appeal is set aside and it is clarified that the appeal would remain pending before the CESTAT till the issue is decided by this Court whereafter the parties can approach the CESTAT - Status quo which was granted by the CESTAT shall continue.