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Bombay High Court Allows Revenue to Withdraw Customs Appeals Based on CBEC Monetary Threshold Instructions. Court permits withdrawal of appeals and review of Tribunal orders under Section 35R of Central Excise Act, 1944 and Section 131BA of Customs Act, 1962.

The Commissioner of Customs and Central Excise, Goa, filed nine Customs Appeals under Section 130 of the Customs Act, 1962, against orders of the Cust...

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Bombay High Court Dismisses Revenue Appeals in Service Tax on Maintenance Charges — Management, Maintenance or Repair Service Not Attracted. Amounts collected as maintenance charges for upkeep of apartment premises are not subject to service tax under the Finance Act, 1994.

The judgment involves three appeals filed by the Commissioner of Service Tax/Central Excise against orders of the Customs, Excise & Service Tax Appell...

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High Court Dismisses Manufacturer's Appeals in Central Excise Classification Dispute. Classification of Benzene and Toluene Based on Purity Under Central Excise Tariff Act, 1985 and Procedural Compliance Under Central Excise Rules, 1944 Were Upheld by Tribunal.

The appeals arose from a common order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) concerning classification and duty demands on...

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Supreme Court Allows Appeal of Commissioner of Customs in Central Excise Case — CESTAT Order Set Aside for Non-Application of Mind. Processing of Cotton Fabrics with Aid of Power Without Following Excise Procedures Constitutes Manufacture Under Section 2(f) of Central Excise Act, 1944.

The case involves an appeal by the Commissioner of Customs, Central Excise & Service Tax, Rajkot against an order of the Customs, Excise and Servi...

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Bombay High Court Dismisses Customs Appeal Upholding CESTAT Order Expunging Policy Condition for Provisional Release of Imported Vehicle. Policy condition requiring testing by VRDE/ARAI held redundant when vehicle is already registered under Motor Vehicles Act, 1988.

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

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Bombay High Court Quashes Predeposit Order in Central Excise Exemption Dispute — Supply to Navy Through IOCL Not a Bar to Exemption. Tribunal Directed to Decide Appeal on Merits Without Predeposit as Petitioner Made Out a Prima Facie Case on Interpretation of Exemption Notification No.64/95-CE.

The petitioner, Hindustan Petroleum Corporation Limited (HPCL), a government company, filed a writ petition challenging an order of the Customs, Excis...

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Karnataka High Court Allows Refund of Service Tax Paid by Non-Resident Despite Revenue's Appeal — Unjust Enrichment Not Applicable. Service Tax Refund Ordered as Stay Application Dismissed and Tax Paid by Appellant Itself, Not Collected from Others.

The appellant, M/s Madura Coats Pvt. Ltd., a non-resident service provider, paid service tax under protest for the period 10.09.2004 to 31.12.2004. Af...