Category: Customs Article

ArticleCustoms Article

Currency seized during investigation as evidence of Hawala transactions is a ‘thing’ under Section 110(3) of the Customs Act and not ‘goods’ – Six-month time limit for issuance of SCN inapplicable

byCA Bimal Jain

The Hon’ble Madras High Court (Division Bench) in Principal Commissioner of Customs set aside the order of the Learned Single Judge directing return of the seized currency and held that Indian currency seized during the investigation of fraudulent claims under the Amnesty Scheme of the Directorate General of Foreign Trade (“DGFT”), where such currency constituted evidence of Hawala transactions and illegal gratification, is liable to be treated as a “thing” under Section 110(3) of the Customs Act, 1962

ArticleCustoms Article

Retention of Seized Cash Beyond Six Months Without Valid and Communicated Extension Order is Without Jurisdiction

byCA Bimal Jain

The Hon’ble Allahabad High Court in Shalabh Agarwal And Another allowed the writ petition and held that the retention of seized cash by DRI beyond the statutory period of six months under Section 110(2) of the Customs Act was wholly without jurisdiction in the absence of a validly approved and communicated extension order, and further ..

ArticleCustoms Article

SC Upholds import of gold and silver bars under Duty-Free Imports under DFCE Scheme was valid, rejecting alleged Circular Trading and fraudulent entitlement

byAdmin

The Hon’ble Supreme Court in the case of Commissioner of Customs, Ahmedabad, after  condoning the delay and uphold the CESTAT Ahmedabad judgement that the imports of gold and silver bars made by Adani Enterprises Ltd. under the Duty-Free Credit Entitlement (“DFCE”) licenses issued by DGFT were valid, rejecting allegations of fraudulent entitlement and circular trading.