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Showing 41 to 60 of 1752 Records

  • 2017 (3) TMI 280

    Remission of demurrage charges - consignment shipped on CAD Basis - non-clearance of the goods - the question regarding the liability of the appellant to pay the demurrage was never raised before the High Court nor did the High Court consider that question - Held that - though the question was not raised before the High Court, the appellant need not be barred from raising this question before us because it is a pure and substantial question of la....... + More

  • 2017 (2) TMI 1256

    100% EOU - requirement to achieve positive net foreign exchange (NFE) during every block of five years of its existence - the decision in the case of M/s. Padmavati Impex Pvt Ltd Versus Union of India 2016 (9) TMI 525 - GUJARAT HIGH COURT contested, where it was held that the computation of NFE would be financial year wise and which would be the beginning of the financial year following the year under which the manufacturing activity commences. U....... + More

  • 2017 (2) TMI 1244

    Delay in filing appeal - the decision in the case of COMMISSIONER OF CUSTOMS (IMPORT) Versus WILHELM TEXTILES INDIA PVT. LTD. 2016 (9) TMI 1370 - DELHI HIGH COURT contested - when the earlier order passed by the High Court of Delhi was challenged before this Court, it had dismissed the special leave petition on the ground of delay, keeping the question of law open - Held that - issue notice on the special leave petition, as also on the prayer for....... + More

  • 2017 (2) TMI 1229

    Claim of refund of excess CVD paid on import of mobile handsets including cellular phones - mobile handsets including cellular phones - the decision in the case of YU Televentures Pvt. Ltd. Versus Union Of India & Ors 2016 (8) TMI 184 - DELHI HIGH COURT contested - Held that - the decision in the above case upheld - we do not see any reason to grant any interim relief in favour of the petitioner - petition dismissed........ + More

  • 2017 (2) TMI 1057

    Detention order - Held that - even on the basis of preponderance of probability the allegation of import of Ball Bearings in the guise of Borax Decahydrate in the past consignments is not established and that all allegations leveled against Shri Pradeep Ambre are baseless and unfounded - the detention order dated 11th August, 2005, was even otherwise improper and unjustified in view of the factual position - petition allowed - decided in favor of....... + More

  • 2017 (2) TMI 924

    Locus of the respondent to file the writ petition before the Delhi High Court - Levy of Anti-dumping Duty on USB Flash Drives - validity of investigation and findings of the Designated Authority (DA) - Sub section (5) of Section 9A of the Customs Tariff Act, 1975 - the decision in the case Sandisk International Ltd. Versus The Designated Authority & Ors. 2015 (9) TMI 402 - DELHI HIGH COURT , contested upon - Held that - the respondent - M/s S....... + More

  • 2017 (2) TMI 815

    Demurrage charges - release of goods on payment of demurrage charges - Held that - the appeal is pending before this Court for about 8 years, we deem it appropriate to direct the respondent to release the goods in question to the petitioner subject to the condition the petitioner gives a bank guarantee for an amount of ₹ 10 lakhs within a period of three weeks - appeal disposed off........ + More

  • 2017 (2) TMI 471

    Narcotics laboratories - Re-testing provisions - it is imperative to define re-testing rights, if at all, as an amalgamation of the above-stated factors. Further, in light of Section 52-A of the NDPS Act, which permits swift disposal of some hazardous substances, the time frame within which any application for re-testing may be permitted ought to be strictly defined. - Decision in the matter of Thana Singh Vs. Central Bureau of Narcotics 2013 (1)....... + More

  • 2017 (2) TMI 294

    Import of rigs for repair and reexport - non filing of Import General Manifest of the towing rigs - Confiscation of goods - foreign going vessel - imposition of redemption fine and penalty - benefit of N/N. 153/94-Cus - whether foreign going vessels cease to be so when they enter into Indian territorial waters only for repairs? - goods for the purposes of Section 46(1) of the Act - Held that - the vessel was in operation and primarily used within....... + More

  • 2017 (1) TMI 1515

    Delay condoned - there are no material to interfere with the proceedings - the decisions are upheld - appeal dismissed........ + More

  • 2017 (1) TMI 1468

    Delivery of documents seized by respondents - the case of petitioner is that at present, he has received total 192 files and 16 files are still with them and due to the aforesaid, he is not in a position to file his reply to the show cause notice or appear before the appropriate authority - the decision in the case of Jiji Industries Ltd. Versus Union of India 2016 (7) TMI 1274 - MADHYA PRADESH HIGH COURT contested, where it was held that no case....... + More

  • 2017 (1) TMI 478

    Levy of CVD on import of silk fabrics - the matter is squarely covered by the judgment of this Court passed in Civil Appeal NO. 9440 of 2003 titled as M/s. SRF Ltd. vs. Commissioner of Customs, Chennai . The High Court in the impugned judgment has been mainly influenced by the fact that review petition was filed by the Revenue in the said judgment in which notice was issued - the decision in the case of The Commissioner of Customs (Exports) Versu....... + More

  • 2017 (1) TMI 477

    Classification of import of Multimedia Speakers - the decision in the case of Logic India Trading Co Versus Commissioner of Customs 2016 (3) TMI 5 - CESTAT BANGALORE referred - Held that - We find no reason to interfere with the impugned judgment - delay condoned - appeal dismissed........ + More

  • 2017 (1) TMI 476

    Review petition - the decision in the case of Andhra Sugars Ltd. Versus Commissioner 2016 (1) TMI 761 - SUPREME COURT referred - Held that - Despite time granted by learned Chamber Judge vide order dated 27-4-2016, learned counsel for the petitioner has not taken any steps to pay deficit Court fee - review petition dismissed for non-prosecution........ + More

  • 2017 (1) TMI 475

    Valuation - Import of Oracle packaged software - the decision in the case of Shri Atul Kaushik, Shri Krishan Dhawan, M/s. Oracle India Pvt. Ltd. Versus C.C. (Export) , New Delhi 2015 (9) TMI 317 - CESTAT NEW DELHI - Held that - delay condoned - appeal dismissed - decided against appellant........ + More

  • 2017 (1) TMI 474

    Undue benefit of Target Plus Scheme (TPS) - the decision in the case of CC (II) Airport Special Cargo, Mumbai And Others Versus Shri Samir Vora And Others 2015 (9) TMI 1370 - CESTAT MUMBAI contested - Held that - We see no reason to interfere with the orders passed by the Customs, Excise and Service Tax Appellate Tribunal - appeal dismissed - decided against appellant........ + More

  • 2017 (1) TMI 473

    Waiver of pre-deposit - Violation of notification No.20/99-Cus and 16/2000 - the decision in the case of 2015 (9) TMI 818 - CESTAT CHENNAI contested - Held that - no coercive steps shall be taken for realization of the dues as per the judgment of the adjudicating authority, subject to the petitioner paying 75 per cent of the principal amount. If any amount has been deposited or paid earlier, the same shall be adjusted - imposed penalty is stayed ....... + More

  • 2017 (1) TMI 409

    Duty demanded on waste & rejects cleared in the DTA & on inputs used in mfg. of those waste - the decision in the case of COMMISSIONER OF C. EX., SURAT-Il Versus SPECIAL PROJECT FINANCE (I) P. LTD 2008 (1) TMI 152 - CESTAT, AHMEDABAD contested - Held that - reliance placed in the judgment in the case of M/s. Virlon Textile Mills Ltd. v. Commissioner of Central Excise, Bombay 2007 (4) TMI 6 - SUPREME COURT OF INDIA , and appeal dismissed -....... + More

  • 2017 (1) TMI 408

    Bail - Anticipatory bail - the case of SANGIT KRISHNA KUMAR AGRAWAL Versus UNION OF INDIA 2007 (2) TMI 230 - BOMBAY HIGH COURT referred - Held that - This Court, while entertaining the special leave petition and while granting leave in the matter, did not grant any interim relief to the appellant - no justification found to entertain the present appeal - appeal dismissed - decided against appellant........ + More

  • 2017 (1) TMI 406

    Valuation - Transaction value - the decision in the case of THERMON HEAT TRACERS LTD. Versus COMMISSIONER OF CUSTOMS, MUMBAI 2006 (2) TMI 315 - CESTAT, MUMBAI contested - Held that - the issue involved in these appeals is squarely covered by the judgment of this Court in the case of Commissioner of Customs, Ahmedabad v. Essar Steel Limited 2015 (4) TMI 486 - SUPREME COURT - appeal dismissed - decided against appellant........ + More

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