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Search Results for "CESTAT appeal"

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High Court

Bombay High Court Partially Allows Customs Appeal in Vessel Confiscation Case — Reduces Fine from Rs.1 Crore to Rs.5 Lakh Upheld as Not Perverse. Court holds that reduction of fine for confiscated vessel and setting aside of fine for mixed diesel are based on evidence and not arbitrary under Customs Act, 1962.

3 Aug 2010

The Commissioner of Customs (Import), Mumbai, filed an appeal under Section 130 of the Customs Act, 1962, challenging the order dated 5 August 2008 of...

High Court

Madras High Court Dismisses FCI's Appeal in Customs Duty Refund Case — Limitation for Appeal Under Section 128 Cannot Be Condoned. Import of Section 129A to condone delay in first appeal under Section 128 is impermissible as Customs Act is a complete code.

2 Jan 2025

The Food Corporation of India (FCI) filed a Civil Miscellaneous Appeal under Section 130(1) of the Customs Act, 1962 read with Section 104 of CPC, cha...

Supreme Court

Supreme Court Upholds Valuation of Body-Built Vehicles Including 10% Notional Profit but Rejects Extended Limitation Under Section 11A. Assessee Job Worker Liable to Include 110% Chassis Value in Excise Duty Computation, Yet Department Cannot Invoke Extended Period Absent Wilful Suppression.

1 Jan 1970

The appeals arose from a dispute between job workers engaged in body-building of motor vehicles and the Central Excise and Service Tax Department. The...

High Court

High Court of Bombay at Goa Quashes Coercive Encashment of Bank Guarantee in Customs Case, Citing CBEC Circular and Precedent. Encashment on Same Day as Service of Order-in-Original Held Improper Under Section 129E of Customs Act, 1962.

5 Aug 2022

The petitioners, a proprietary concern and a partnership firm, challenged the coercive encashment of a bank guarantee by the Customs authorities. The ...

High Court

Bombay High Court Allows Raymond Limited's Appeals in Central Excise Cenvat Credit Dispute. Cenvat Credit of AED (T&TA) on Inputs Can Be Utilized for Payment of BED on Final Products.

5 Mar 2015

The appellant, Raymond Limited, is a company manufacturing blankets from woollen fibres. The blankets attract only Basic Excise Duty (BED) and not Add...

High Court

Bombay High Court Dismisses Customs Appeal Against CESTAT Order Setting Aside Confiscation and Penalties in Currency Seizure Case. Confiscation of USD 3,50,000 for Prior Visits Set Aside as Department Failed to Prove Illegal Export; Penalties Under Section 114 of Customs Act, 1962 Require Active Participation.

7 Jul 2014

The Commissioner of Customs (C.S.I. Airport), Mumbai, filed an appeal under Section 130 of the Customs Act, 1962, challenging the order dated 6 March ...

High Court

Bombay High Court Dismisses Petitioner's Writ Challenging Service Tax Demand and Section 35F Validity — Petitioner Relegated to Alternate Remedy of Appeal. Constitutional challenge to Section 35F of Central Excise Act, 1944 not entertained as validity already upheld; factual disputes remitted to appellate authority.

10 Jan 2019

The petitioner, Tyresoles India Pvt. Ltd., filed a writ petition challenging an order dated 14 October 2016 passed by the Commissioner of Central Exci...

High Court

Bombay High Court Allows Central Excise Appeals on Cenvat Credit for Input Services Used in Exported Goods. Rule 5 of Cenvat Credit Rules, 2004 permits refund of credit on input services used in manufacture of exported goods, and the definition of 'input service' under Rule 2(l) includes services used in relation to export.

9 Nov 2011

The judgment involves five appeals filed by four companies (M/s. Orange City Alloys Pvt. Ltd., M/s. Shridhar Castings Pvt. Ltd., M/s. Shiva Steel Indu...

Supreme Court

Supreme Court Allows Revenue's Appeal in Central Excise Case on Limitation Issue - Extended Period Invoked for Differential Duty Demand Based on Transfer of Advance Licenses. The Court remanded the matter to CESTAT for fresh consideration on whether the assessee's bonafide belief based on a Tribunal decision later reversed by the Supreme Court precludes invocation of extended period under Section 11A(1) proviso of Central Excise Act, 1944.

4 Jul 2023

The present appeals were filed by the Commissioner of Central Excise and Customs against the order of the Customs, Excise & Service Tax Appellate Trib...

Supreme Court

Supreme Court Allows Revenue Appeal in Service Tax Case on Design Services. Engineering Design & Drawings Imported for Manufacturing Wind Turbine Generators Held Taxable as 'Design Services' Under Finance Act, 1994.

10 Apr 2023

The case involves an appeal by the Revenue against the CESTAT order which held that 'Engineering Design & Drawings' imported by M/s Suzlon Energy Limi...

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