Search Results for "penalty under Excise Rules"

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Search Results for "penalty under Excise Rules"

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High Court

Bombay High Court Allows Writ Petition Against Rejection of SVLDRS Application for Service Tax Dispute. The court held that a VCES declaration that was not filed within the prescribed time and not processed does not constitute a 'voluntary disclosure' under Section 125(1)(e) of the Finance (No.2) Act, 2019, thus the petitioner is eligible for the Sabka Vishwas Scheme.

21 Mar 2023

The petitioner, Deelight Fortune Private Limited, a company incorporated under the Companies Act, 1956, had given its commercial premises on leave and...

High Court

High Court of Karnataka Acquits Accused in Murder Case Due to Inconsistent Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Motive and Last Seen Theory.

6 Jun 2022

The case involves two criminal revision petitions filed by Nagaraju and Devaraju, who were accused Nos.1 and 2 respectively, challenging their convict...

High Court

High Court of Karnataka Allows Appeal in Central Excise Case — Appellant Entitled to Cenvat Credit on Input Services. Definition of 'Input Service' Under Cenvat Credit Rules, 2004 is Broad and Includes Services Having Nexus with Manufacturing Business.

21 Apr 2021

The appellant, Toyota Kirloskar Motor Private Limited, is a manufacturer of motor vehicles and parts, registered under the Central Excise Act. It file...

High Court

Bombay High Court Allows Cross-Examination in Customs Show Cause Proceedings - Right to Cross-Examine Witnesses Whose Statements Are Relied Upon Is a Fundamental Principle of Natural Justice

1 Mar 2018

The petitioner, Kalpena Industries Limited, a company incorporated under the Companies Act, 1956, engaged in manufacturing polyethylene/polypropylene ...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Central Excise Case — Cenvat Credit on Input Services for Sugar Manufacturing Upheld. Transportation of Sugarcane from Farm to Factory Gate Held as Input Service Under Cenvat Credit Rules, 2004.

5 Oct 2015

The Revenue (Commissioner of Central Excise, Customs, Belgaum) appealed against the Final Order No.20105/2014 dated 28.1.2014 passed by the CESTAT, Ba...

High Court

Bombay High Court Allows Appeal Against Tribunal's Stay Order in Cenvat Credit Dispute. Tribunal's Detailed Findings at Stay Stage Prejudge the Appeal and Are Impermissible.

4 Mar 2015

The appellant, CEAT Limited, filed an appeal before the Bombay High Court challenging an order dated 12th June 2014 passed by the Customs, Excise and ...

High Court

Bombay High Court Allows Appeal Against Tribunal's Predeposit Order in Central Excise Case — Prima Facie Case for Waiver Established. The court held that the Tribunal's direction to deposit Rs. 11.52 lakhs under Section 35F of the Central Excise Act, 1944 was unsustainable as the appellant had made out a strong prima facie case on the issue of suppression of facts and limitation.

26 Jul 2011

The appellant, Vinar Ispat Limited, was engaged in converting billets, blooms, and slabs purchased from various manufacturers on a job work basis into...

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 Allows Writ Petition Challenging Penalty Under Customs Act for Import of Rough Diamonds — Cites Violation of Principles of Natural Justice and Lack of Evidence of Misdeclaration. The court held that the show cause notice was vague and the department failed to prove mens rea for penalty under Section 112(a) of the Customs Act, 1962.

9 Mar 2010

The petitioners, M/s SU.Jewels Exim Pvt. Ltd. and its director, imported rough and uncut diamonds from Dubai during April-May 2003. The diamonds were ...

High Court

Bombay High Court Allows Directors' Challenge to Pre-deposit Order in Cenvat Credit Penalty Case — Rule 13(1) of Cenvat Credit Rules, 2002 Does Not Permit Personal Penalty on Directors. The court set aside the CESTAT order directing pre-deposit of 25% penalty by directors, holding that Rule 13(1) only contemplates penalty on the person availing credit.

19 Jan 2010

The petitioners, Mr. Ashokkumar H. Fulwadhya and Mr. Daulatkumar H. Fulwadhya, directors of M/s. Harisons Steel Pvt. Ltd., challenged an order dated 4...

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