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Search Results for "CESTAT order"

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High Court

Bombay High Court Quashes Show Cause Notice and Personal Hearing Notice Due to Inordinate Delay in Adjudication — Customs Act, 1962 — Delay of 16 Years in Remand Proceedings Violates Principles of Natural Justice and Fundamental Right to Speedy Adjudication

11 Nov 2024

The petitioners, M/s. Esjaypee Impex Pvt. Ltd. and its Managing Director, challenged a show cause notice dated 24.09.2003 and a personal hearing notic...

Supreme Court

Supreme Court Dismisses Petitions in Securities Market Investigation Case, Upholding SEBI's Regulatory Authority. The Court rejected pleas for transfer of investigation to SIT and revocation of SEBI regulatory amendments, finding no apparent regulatory failure and emphasizing limited judicial review over SEBI's domain under the Securities and Exchange Board of India Act, 1992.

3 Jan 2024

The Supreme Court of India adjudicated a batch of writ petitions filed under Article 32 of the Constitution in February 2023, concerning allegations o...

High Court

Bombay High Court Allows Appeal Against CESTAT Order Dismissing ROM Application as Time-Barred. Time Limit Under Section 129B(2) of Customs Act, 1962 Applies Only to Suo Moto Rectification, Not to Applications Filed by Parties.

10 Jul 2017

The appellant, M/s. Allied Fibers Ltd., imported capital goods between October 1994 and September 1995. A show cause notice was issued on 24.03.1998 d...

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

Bombay High Court Allows Appeal in Central Excise Case on Interest Liability for Provisional Assessment. Section 11DD of Central Excise Act, 1944 not applicable to differential duty determined on finalization of provisional assessment under Rule 9B of Central Excise Rules, 1944.

7 Oct 2014

The appellant, Godrej Industries Limited, was engaged in the manufacture of Liquid Hair Dye during the period from September 1982 to March 1985. The d...

High Court

Bombay High Court Dismisses Revenue's Appeals in Antidumping Duty Gap Period Case. Tribunal's Decision That No Antidumping Duty Can Be Levied During Period Between Expiry of Provisional Duty and Imposition of Final Duty Under Rule 21 of Customs Tariff (Antidumping) Rules, 1995 Upheld.

15 Dec 2011

The Commissioner of Customs (Import), Mumbai, filed appeals against orders of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) dated 1 Aug...

High Court

Bombay High Court Allows Appeal Against CESTAT Order Directing Pre-Deposit of 50% of Service Tax Demand, Holding That Prima Facie Case of Statutory Board Not Carrying on Business Raises Serious Triable Issue. The Court admitted the appeal on the substantial question of law whether the Tribunal was justified in rejecting the application for complete waiver of pre-deposit, considering that the Appellant, a statutory Board, does not fall within the purview of Section 65(94) of the Finance Act, 1994.

21 Sep 2011

The Security Guards Board for Greater Mumbai and Thane District, a statutory authority constituted under Section 6 of the Maharashtra Private Security...

High Court

High Court of Bombay Dismisses Revenue's Appeal in CENVAT Credit Case for Mobile Phone Services. Circular Restricting Credit Held Not Binding as Statutory Rules Allow Credit for Input Services Used in Relation to Business.

27 Sep 2010

The Commissioner of Central Excise, Nagpur, appealed against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) which allowe...

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

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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