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Customs - Case Laws

Showing 81 to 84 of 84 Records

• 2009 (5) TMI 84
  

  Release of imported goods – irregularity in IEC – held that - In other words, imports have been done in the name of the petitioner but for some other person. In so far as respondents/Customs Authorities is concerned, they have not pointed out to us any provision under the Customs Act or any Rule or Regulation framed thereunder by which the person having valid IEC Number and having paid the custom duty is prevented from importing goods. At the highest, if the petitioner has obtained IEC number by misrepresenting the Ministry of Commerce and Industry and Director General of Foreign Trade, it is for that body to take action. - petitioner having paid the custom duty is entitled to release of the goods. We, therefore, direct respondents to release the goods within 48 hours from today.

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• 2009 (5) TMI 39
  

  Imposition of provisional safeguard duty – On application from domestic producers, Director General (Safeguards) issued notification of preliminary findings that safeguard duty @ of 31% ad valorem be imposed to protect the interest of domestic industry in respect of imports from China with regard to soda ash – submissions of the petitioner that the Director General has merely adopted the opinion given by the domestic producers without any investigation, is belied - Writ Petitions in such cases ought to be entertained in our view, when there is either a complete lack of jurisdiction or a palpable error so grave which requires imminent interference by a writ court - these are technical matters which are completely within the ken of the Director General - petition having no merit so dismissed

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• 2009 (5) TMI 20
  

  Demanded in terms of proviso to Section 28(1) of Customs Act, 1962 - Appellant acquired and/or purchased transferable Duty Entitlement Pass Book issued in the name of M/s. Parker Industries - It is seen that in the SCN, there was no reference to the alleged infraction of M/s. Parker Industries, the transferor of the license in question - judgments of the CESTAT and the High Court that demand is barred by limitation, do not suffer from any infirmity to warrant interference

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• 2009 (5) TMI 12
  

  Confiscation and penalty - undervaluation in the import of cloves by the appellant with intent to evade customs duty - appellant although claimed a transaction value, but such value could not be supported by production of the original contract or the invoices relating to procurement - department has also relied upon the contemporaneous documents like the Weekly Bulletin of Spices Market and also the Public Ledger – revenue’s case is based on cogent reasons - Department has correctly imposed proper assessment value

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