Search Results for "CESTAT powers"

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Search Results for "CESTAT powers"

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High Court

Bombay High Court Dismisses Revenue Appeal in CENVAT Credit Case — Amendment to Rule 6 of Cenvat Credit Rules, 2004 Held Not Retrospective. CESTAT order allowing respondent's appeal upheld as the retrospective amendment by Finance Act, 2010 did not apply to the period prior to its enactment.

24 Aug 2023

The appeal was filed by the Principal Commissioner of CGST and Central Excise, Mumbai East Commissionerate against Larsen & Toubro Limited (HED) under...

High Court

Bombay High Court Dismisses Assessee's Appeal on Limitation for Service Tax Appeal Under Section 85 of Finance Act, 1994 — Commissioner (Appeals) Lacked Power to Condon Delay Beyond Three Months. CESTAT's refusal to interfere upheld because Section 86(7) Finance Act, 1994 read with Sections 35B(5) and 35C(1) of Central Excise Act, 1944 does not override the absolute limitation period under Section 85(3A) proviso, which allows only one month extension beyond the initial two months.

2 Jul 2025

The High Court of Judicature at Bombay heard a Central Excise Appeal filed by the assessee against the order of the Commissioner (Appeals) and the Cus...

High Court

Bombay High Court Admits Writ Petition Filed by Noticee in FEMA Adjudication, Directs Returnable Rule on Issues of Cross-Examination and Joint Proceedings. The petition challenged the Special Director's refusal to permit cross-examination of witnesses and non-supply of co-noticees' replies in proceedings under the Foreign Exchange Management Act, 1999.

30 Jan 2018

Background: The petitioner, a former Vice President of the Board of Control for Cricket in India (BCCI) and Chairman of the Indian Premier League (IPL...

High Court

Bombay High Court Allows Raymond Limited's Appeals in Central Excise Cenvat Credit Dispute. Cenvat Credit of AED (T&TA) on Inputs Can Be Utilized for Payment of BED on Final Products.

5 Mar 2015

The appellant, Raymond Limited, is a company manufacturing blankets from woollen fibres. The blankets attract only Basic Excise Duty (BED) and not Add...

High Court

Bombay High Court Dismisses Revenue Appeals in Service Tax on Maintenance Charges — Management, Maintenance or Repair Service Not Attracted. Amounts collected as maintenance charges for upkeep of apartment premises are not subject to service tax under the Finance Act, 1994.

25 Jan 2018

The judgment involves three appeals filed by the Commissioner of Service Tax/Central Excise against orders of the Customs, Excise & Service Tax Appell...

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...

Supreme Court

Supreme Court Allows Revenue Appeal in Central Excise Case: EOU Job Work for DTA Unit Without Export Violates EXIM Policy. The Court held that a 100% EOU cannot undertake job work for a DTA unit and clear finished goods to the DTA without exporting them, and such clearance is not eligible for concessional duty under Notification No.8/97-CE.

6 Mar 2020

The case involves an appeal by the Commissioner of Central Excise, Nagpur against the CESTAT order that allowed the appeals of M/s Universal Ferro & A...

High Court

Bombay High Court Upholds Constitutional Validity of Section 129E Customs Act, 1962 Mandating Predeposit for Appeals. Challenge to Order-in-Original Dismissed as No Hearing Opportunity Was Denied.

19 Jun 2017

The petitioners, partners of M/s Bright International, challenged the constitutional validity of Section 129E of the Customs Act, 1962, as amended by ...

High Court

Bombay High Court Allows Customs Appeal Against CESTAT Order for Provisional Release of Seized iPhones. Ownership Dispute Precludes Release Under Section 110A of Customs Act, 1962.

8 Sep 2022

The Commissioner of Customs (Import), Mumbai, appealed against an order dated 23 June 2022 passed by the Customs, Excise and Service Tax Appellate Tri...

High Court

Bombay High Court Allows Amendment of EPCG Licence with Retrospective Effect - Licensing Authorities Have Power to Amend Licence Retrospectively. The court held that the power to grant a licence includes the power to amend it, and there is no bar in the Foreign Trade Policy or the Customs Act against retrospective amendment.

16 Mar 2011

The petitioner, M/s. Bhilwara Spinners Ltd., a company engaged in the manufacture and sale of yarn, obtained a zero duty Export Promotion Capital Good...

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