Search Results for "CESTAT order"

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Search Results for "CESTAT order"

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High Court

Bombay High Court Allows Writ Petitions Challenging Customs Duty Demand on Imported Textile Machinery — Holds That Show Cause Notice Issued Beyond Limitation Period Under Section 28 of Customs Act, 1962 Is Time-Barred. The court quashed the show cause notice as the department failed to establish any fraud or suppression to justify the extended period of limitation.

20 Feb 2026

The petitioners, Karl Mayer STOLL Textilmaschinenfabrik GmbH and M/s. Karl Mayer India Private Limited, imported textile machinery and cleared the goo...

High Court

Bombay High Court Dismisses Customs Appeals for Lack of Jurisdiction in Confiscation of Foreign-Origin Gold — Failure to Establish Smuggling or Illicit Import Under Customs Act, 1962. The court held that the burden of proof under Section 123 of the Customs Act, 1962, applies only to notified goods, and since gold was not notified, the Department failed to prove smuggling.

20 Mar 2024

The Commissioner of Customs, NS-V, filed three appeals under Section 130 of the Customs Act, 1962, against the common order of the Customs, Excise and...

High Court

Bombay High Court Directs Provisional Release of Seized Car in Customs Case Pending Adjudication. Petitioner's imported Ford Mustang GT seized on suspicion of being a 1967 model; court orders release on furnishing bond and bank guarantee under Customs Act, 1962.

8 Sep 2020

The petitioner, Sidharth Vijay Shah, imported a 2019 RHD Ford Mustang GT Coupe sports car valued at USD 46,730, paying customs duty of Rs. 72,48,875/-...

Supreme Court

Supreme Court Dismisses Appeal of 100% EOU in Customs Duty Case for Unauthorized DTA Sales of Cut Flowers. Cut Flowers Held Non-Excisable, Duty Leviable on Inputs Under Notification No. 126/94-Cus as Amended, Extended Limitation Period Invoked for Wilful Suppression.

1 Sep 2020

The appeal arises from a dispute between M/s. L.R. Brothers Indo Flora Ltd., a 100% Export Oriented Unit (EOU) engaged in floriculture, and the Commis...

Supreme Court

Supreme Court Allows Revenue's Appeal, Holding That Appeal Against CESTAT Order on Exemption Notification Conditions Lies Before High Court Under Section 130 Customs Act. The dispute over unutilized duty-free imported materials after cessation of manufacturing does not involve determination of rate of duty or value of goods for assessment, thus High Court has jurisdiction.

1 Jul 2019

The case involves a dispute between the Commissioner of Customs, Bangalore-1 (appellant) and M/s Motorola India Ltd. (respondent) regarding the proper...

High Court

High Court Allows Assessee's Appeal in Modvat Credit Dispute — Capital Goods Credit Denial Set Aside. Rule 57Q of Central Excise Rules, 1944 interpreted to allow credit on capital goods used in manufacture of final products, even if not directly used in the manufacturing process.

22 Aug 2017

The appellant, M/s. Reliance Industries Ltd., is engaged in the manufacture of various chemical products at its Hazira Manufacturing Complex. The comp...

High Court

Bombay High Court Dismisses Revenue's Appeal in Service Tax Classification Dispute. Services Provided by Respondent to Overseas Manufacturers Held Not Classifiable as Business Auxiliary Services and Treated as Export of Services.

31 Jul 2017

The Commissioner of Service Tax, Mumbai, appealed under Section 35G of the Central Excise Act, 1944 against an order dated 07-01-2015 passed by the Cu...

High Court

Bombay High Court Dismisses Appeal in Central Excise Interest Liability Case — No Substantial Question of Law Arises. Interest on differential duty under Section 11AB of Central Excise Act, 1944 is payable when price variation clause exists and duty is paid after price revision.

14 Jun 2013

The case involves an appeal by Gammon India Ltd. (formerly Associated Transrail Structures Ltd.) against an order of the Customs, Excise and Service T...

High Court

Bombay High Court Dismisses Revenue's Appeal in Central Excise Classification Dispute — Embossing and Cutting of Aluminium Foil Not 'Manufacture'. Process of embossing 'PULL' on aluminium foil and cutting to shape for cigarette packing does not result in a new product distinct from the input, hence no excise duty liability under Central Excise Act, 1944.

2 Feb 2011

The Commissioner of Central Excise, Mumbai-V, filed an appeal under Section 35(G) of the Central Excise Act, 1944, against the order of the Customs, E...

High Court

Bombay High Court Dismisses Petition Challenging Non-Appointment as CESTAT Member — Selection Committee Recommendation Not Binding on Appointing Authority. The court held that the petitioner had no right to appointment based solely on the recommendation of the Selection Committee, and the Appointments Committee of the Cabinet (A.C.C.) was entitled to withhold approval.

22 Aug 2006

The petitioner, Ramesh Motiram Ramchandani, a Commissioner (Appeals-I) in Customs & Central Excise, filed a Writ Petition before the Bombay High Court...

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