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Search Results for "CESTAT appeal"

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High Court

High Court of Bombay at Goa Dismisses Revenue Appeals in Modvat Credit Dispute — Duty Paid at Place of Job Work Cannot Be Denied Credit at Destination on Grounds of Non-Leviability. The Court upheld the principle that once duty is paid and goods are used in further manufacture, Modvat credit is admissible regardless of whether duty was legally payable at the originating end.

29 Jun 2011

The Commissioner of Central Excise, Goa, filed four appeals against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) which...

High Court

Bombay High Court Allows Appeal Against Tribunal's Predeposit Order for Public Sector Undertaking in Central Excise Matter - Prima Facie Case and Financial Solvency Must Be Considered Under Section 35F of Central Excise Act, 1944. The Court held that a Public Sector Undertaking of substantial worth and solvency cannot be directed to predeposit 50% of duty without considering its prima facie case and ability to secure revenue by bond.

28 Jun 2011

The appellant, M/s. Rashtriya Chemicals & Fertilisers Ltd., a Public Sector Undertaking and Government Company under Section 617 of the Companies Act,...

High Court

Bombay High Court Quashes Show Cause Notice in Customs Valuation Case — Issue Already Adjudicated by CESTAT. Principle of Res Judicata Applied to Successive Show Cause Notices for Enhancing Invoice Value Under Customs Act, 1962.

5 Oct 2005

The petitioner, M/s. Royal Oil Field Private Limited, entered into a contract on February 25, 2002 with M/s. IMX Port National Trading Corporation, Ca...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Service Tax Case on Residential Complex Construction. Construction of Residential Complex for ITC Limited for Use as Guest House Not Taxable as Commercial or Industrial Construction Service Under Section 65(105)(zzq) of Finance Act, 1994.

4 Jul 2018

The case involves an appeal by the Revenue (Commissioner of Central Excise, Service Tax & Customs) against the order of the Customs, Excise & Service ...

High Court

Bombay High Court Dismisses Revenue's Appeal in Service Tax Classification Dispute. Construction of Shiv Chatrapati Sports Complex Held Not 'Commercial or Industrial Construction' Under Section 65(25b) of Finance Act, 1994.

15 Mar 2019

The Commissioner of Central Excise & Service Tax, Pune-III filed an appeal under Section 35G(1) of the Central Excise Act, 1944 against the order date...

Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

High Court

Bombay High Court Allows Appeal in Central Excise Classification Dispute — Interest Not Payable Without Specific Provision. Held that Section 11AA of Central Excise Act, 1944 does not apply to Additional Duties under ADE (T&TA) Act, 1978, and interest cannot be levied in absence of charging provision.

17 Jul 2017

The appellant, Indo Swiss Embroidery Industries Limited, is engaged in manufacturing embroidered grey fabrics classified under Chapter Sub Heading 580...

High Court

Bombay High Court Dismisses Revenue's Appeal in Cenvat Credit Case for Mobile Phones. Service Tax Paid on Mobile Phones Used by Employees Held Eligible for Cenvat Credit Under Cenvat Credit Rules, 2004.

10 Mar 2015

The case is an appeal filed by the Commissioner of Central Excise, Goa, against the order of the Customs, Excise and Service Tax Appellate Tribunal (C...

High Court

Bombay High Court Condoned Delay of 2192 Days in Filing Central Excise Appeal Due to Bona Fide Prosecution in Wrong Forum — Section 14 of Limitation Act, 1963 Applied to Exclude Time Spent in Gujarat High Court. The appellant acted with due diligence in pursuing the appeal before the Gujarat High Court, which was dismissed for lack of territorial jurisdiction under Section 36(b) of the Central Excise Act, 1944.

22 Feb 2016

The Principal Commissioner of Central Excise & Customs, Daman Commissionerate, filed a Notice of Motion seeking condonation of a 2192-day delay in fil...

High Court

High Court of Karnataka Allows Revenue's Appeal in Service Tax CENVAT Credit Dispute — Re-insurance Service Held Not Eligible as Input Service Under CENVAT Credit Rules, 2004. The Court held that re-insurance is not used in the course of providing the output service of insurance and thus does not qualify as input service under Rule 2(l) of CENVAT Credit Rules, 2004.

9 Apr 2015

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

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