The High Court interpreted Section 110-A of the Customs Act, ...

Court ruled against releasing imported gold for export that was diverted to domestic market, citing serious violation.

Case Laws Customs

July 2, 2024

The High Court interpreted Section 110-A of the Customs Act, 1962, focusing on the discretionary use of "may" instead of "shall" regarding provisional release of prohibited goods. The appellant refused provisional release as imported gold meant for export was diverted to the domestic market. The Tribunal can review the appellant's decision but, due to the serious violation, it wasn't justified in releasing the goods provisionally. The Tribunal overlooked Circular No.35/2017, stating prohibited goods cannot be provisionally released. The respondent can deposit the gold's value for provisional release, ensuring compliance with export obligations. The appeal of revenue allowed.

View Source

← Previous Next →

The High Court interpreted Section 110-A of the Customs Act, ...

Court ruled against releasing imported gold for export that was diverted to domestic market, citing serious violation.

Case Laws Customs

July 2, 2024

You may also like:

Export policy of Onions - The revised policy allows the free export of onions but imposes a Minimum Export Price (MEP) of USD 550 per Metric Ton (MT). This condition is...

Imported goods meant for warehousing in SEZ unit are eligible for relaxation from security demanded in provisional release order for re-export. Re-export of imported...

Import of Gold from Korea - Valid import or not - it is evident that on the date when the gold granules were imported i.e., on 21.09.2017, there was no restriction on...

Classification of imported goods - Applicable rate of Basic Customs Duty (BCD) - Despite the appellant's claim that they were not sold as toys but as imported parts, the...

This case deals with the levy of deficit stamp duty and penalty in a court-conducted auction sale. The key points are: In a court-supervised auction sale, the stamp...

Import of gold bars - Other than Nominated agency - utilization of imported gold in manufacture and export the same - the appellant has imported goods as a Normal...

Levy of Penalty - diversion of gold - Bin handler to keep the gold in safe custody - The allegation in the show-cause notice is that as the importer could not fulfill...

Provisional release of imported goods (apples) - The dispute centers on the valuation of the imported apples.

The High Court directed the respondents to consider the petitioners' plea for provisional release of imported secondhand highly specialized equipment - digital...

Confiscation - Foreign marked gold bars - Unless this condition of the import (only by a notified agency) is fulfilled, gold is a prohibited good. The appellant also...

Smuggling - Gold - baggage rules - The petitioners, a husband and wife, returned to India from the United States and were stopped by customs officials upon arrival. The...

Unframed glass mirrors originating or exported from China are subject to anti-dumping duty of $234 per metric ton for 5 years to address material injury caused to...

The petitioner sought release of an export subsidy of Rs. 8,08,50,000/-. The respondent confirmed that the milk powder exported by the petitioner, amounting to 1617...

Classification - Imported goods from Korea - "gold coins (other than legal tenders)" - The Appellate Tribunal concluded that the gold coins, being articles crafted from...

Allowing re-export of the goods which has been detected with some hazardous material - In the instant case, as the goods were hazardous in nature, releasing it in the...

Quick Updates: