Search Results for "Customs and Central Excise Department"

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Search Results for "Customs and Central Excise Department"

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High Court

Madras High Court Allows Writ Petitions Seeking Compliance with BIFR Rehabilitation Scheme and Waiver of Pre-Deposit in Customs Dispute. BIFR Scheme Binding on Government Departments; Pre-Deposit Condition Quashed for Sick Industrial Company Under Section 35F of Central Excise Act, 1944.

7 Jan 2026

The petitioner, SMS Lifesciences India Limited, filed two writ petitions. The first sought a mandamus directing respondents 1 to 3 (Director General o...

High Court

Madras High Court Allows Writ Petitions Challenging Customs Duty Demand on Vessels Imported Prior to Notification. Condition No.82 of Notification 12/2012-Cus. Cannot Be Applied Retrospectively to Vessels Imported Before Its Effective Date.

5 Jan 2026

The petitioner, The Great Eastern Shipping Company Ltd., imported two vessels, 'Jag Rishi' and 'Jag Rahul', prior to 17.03.2012. On 17.03.2012, the Ce...

Supreme Court

Supreme Court Allows Revenue's Appeal in Central Excise Refund Recovery Case - Clarifies No Separate Section 11A Notice Required When Refund Order Reviewed Under Section 35E. Recovery of erroneous refund granted through speaking order reviewed under Section 35E of Central Excise Act, 1944 does not require separate show cause notice under Section 11A, as Sections 35E and 11A operate in different fields with different purposes and time limits.

24 Mar 2023

The dispute originated from the respondent company's manufacture of cotton yarn consumed captively in its composite mills for weaving fabric. Followin...

High Court

Bombay High Court Dismisses Revenue Appeal in Central Excise Clandestine Removal Case — CESTAT Order Upheld for Lack of Evidence. Allegation of removal of 1,687,585.511 kg of yarn without duty payment fails as Revenue could not prove clandestine removal beyond reasonable doubt.

8 Sep 2022

The Principal Commissioner of Central GST & C. Ex., Daman Commissionerate, filed an appeal under Section 35G of the Central Excise Act, 1944, against ...

Supreme Court

Supreme Court Allows Appeal in Customs Valuation Dispute — Mandamus Issued to Assess Imported Scrap on Transaction Value. Court Holds That Declared Transaction Value Must Be Accepted Unless Proper Officer Follows Procedure Under Section 14 and Rule 12 of Customs Valuation Rules, 2007.

27 Mar 2019

The appellants, Century Metal Recycling Pvt. Ltd. and Gauri Shankar Agarwala, filed a writ petition before the Allahabad High Court challenging the pr...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Central Excise Case — No Substantial Question of Law Arises. CESTAT's finding that the assessee had reversed CENVAT credit before removal of inputs as waste is a pure finding of fact not open to challenge under Section 35G of the Central Excise Act, 1944.

25 Jul 2018

The Revenue filed an appeal under Section 35G of the Central Excise Act, 1944 against the order of the Customs, Excise and Service Tax Appellate Tribu...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Customs Interest Refund Case — Interest Under Section 27A Payable from Date of Payment of Duty. The court held that the doctrine of unjust enrichment does not apply to interest under Section 27A of the Customs Act, 1962, and interest is payable from the date of payment of duty.

13 Aug 2015

The appeal was filed by the Commissioner of Customs, Bangalore, against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) d...

High Court

Bombay High Court Dismisses Revenue's Appeal in Central Excise Penalty Case — CESTAT Order Upheld. Penalty under Rule 209A of Central Excise Rules, 1944 set aside for lack of evidence of aiding and abetting.

21 Sep 2010

The case involves two appeals filed by the Commissioner of Central Excise, Mumbai, against the orders of the Customs, Excise and Service Tax Appellate...

High Court

Bombay High Court Dismisses Revenue's Appeal in Central Excise Case, Upholds MODVAT Credit for Purification and Filtration of Acids. Processes of purification and filtration of Hydrochloric Acid and Sulphuric Acid, though not causing chemical change, amount to manufacture under Central Excise Act, 1944 as they are incidental and ancillary to making the product marketable.

24 Aug 2010

The Commissioner of Central Excise & Custom, Thane-I, appealed against the order of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) dated...

High Court

Bombay High Court Dismisses Petition Challenging Valuation of Physician's Free Samples Under Central Excise Act. Free samples of medicines are excisable goods and must be valued under Rule 4 of Central Excise Valuation Rules, 2000 based on price of comparable goods sold in the market.

28 Sep 2006

The petitioners, Indian Drugs Manufacturer's Association and M/s. Emil Pharmaceuticals Industries Pvt. Ltd., challenged Circular No. 813 dated 25/4/20...

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