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Search Results for "CESTAT appeal"

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High Court

Bombay High Court Allows Customs Appeal Against CESTAT Order for Provisional Release of Seized iPhones. Ownership Dispute Precludes Release Under Section 110A of Customs Act, 1962.

8 Sep 2022

The Commissioner of Customs (Import), Mumbai, appealed against an order dated 23 June 2022 passed by the Customs, Excise and Service Tax Appellate Tri...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Central Excise Case — Cenvat Credit on Input Services for Sugar Manufacturing Upheld. Transportation of Sugarcane from Farm to Factory Gate Held as Input Service Under Cenvat Credit Rules, 2004.

5 Oct 2015

The Revenue (Commissioner of Central Excise, Customs, Belgaum) appealed against the Final Order No.20105/2014 dated 28.1.2014 passed by the CESTAT, Ba...

High Court

Bombay High Court Dismisses Revenue's Appeal in Service Tax Credit Case for Residential Colony Services. Services for repair, maintenance and civil construction in factory residential colony are 'input service' under Rule 2(l) of CENVAT Credit Rules, 2004.

11 Oct 2010

The Revenue filed an appeal against the order of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai dated 4-12-2007, raising the qu...

High Court

Bombay High Court Dismisses Appeal in Customs Case — Conversion of DEEC Shipping Bill to Drawback Scheme Denied. CBEC Circular No. 4/2004 Mandates Prior Denial of DEEC Benefit by DGFT or Customs Authorities, Which Was Not Established.

5 Jan 2016

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...

High Court

High Court Allows Appeal in Central Excise Refund Case — Assessee Passed on Duty Incidence to Customers, Refund Claim Rejected. Section 12B of Central Excise Act, 1944 bars refund if duty burden shifted to others.

26 Aug 2013

The appellant, M/s. Toyota Kirloskar Motor Ltd., is engaged in manufacturing passenger utility vehicles and parts thereof, which are excisable under C...

Supreme Court

Supreme Court Allows Revenue Appeal in Central Excise Duty Dispute Over Footwear Sales to Military Institutions. Bulk Sales to Institutional Consumers Do Not Qualify as Retail Sales Under Section 4(A) of Central Excise Act, 1944, Making Manufacturer Ineligible for Tax Benefits Under Notification No. 12/2012-CE.

21 Mar 2023

The Supreme Court heard appeals against a CESTAT order that had granted tax benefits to a footwear manufacturer under Notification No. 12/2012-CE read...

High Court

High Court of Bombay Dismisses Revenue's Appeal in Modvat/CENVAT Credit Case — Assessee Entitled to Credit on Moulds Supplied by OEM Without Ownership or Lease. The court held that after the 1994 amendment, Rules 57Q and 57R of Central Excise Rules, 1944 do not require ownership or lease of capital goods for availing credit; use in manufacture is sufficient.

16 Feb 2015

The case involves an appeal by the Commissioner of Central Excise against an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) ...

High Court

Bombay High Court Dismisses Revenue's Appeal in Customs Penalty Case — No Evidence of Mens Rea for Penalty Under Section 112 of Customs Act, 1962. CESTAT's finding that the master of the vessel was not liable for penalty as he was not aware of the illegal diesel sale was based on evidence and not perverse.

29 Jul 2010

The Commissioner of Customs (Import) appealed against the CESTAT order which upheld the Commissioner's decision not to impose penalty on the master of...

High Court

Bombay High Court Allows Condonation of Delay in Customs Appeal Due to Bona Fide Prosecution Before Wrong Forum. The Court held that the period spent before the revisionary authority under a bona fide belief should be condoned, and the CESTAT erred in rejecting the application.

25 Jul 2023

The appellant, Zulfikar Abdul Rashid Khan, is a businessman dealing in motor vehicles and parts. A show cause notice dated 12 August 2011 was issued u...

High Court

Bombay High Court Allows Appeal in Central Excise Classification Dispute — Interest Under Section 11AA Not Payable When Goods Cleared Under Provisional Assessment. Court holds that interest under Section 11AA of the Central Excise Act, 1944 is not attracted when goods are cleared pending finalisation of classification list, as the assessment is provisional.

20 Mar 2012

The appellant-assessee, originally known as Morris Electronics Ltd., was engaged in the manufacture of soft ferrite components. It filed a classificat...

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