Search Results for "CESTAT order"

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Search Results for "CESTAT order"

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Supreme Court

Supreme Court Dismisses Customs Appeal on Valuation of Imported Goods Under Customs Act, 1962 — Design and Supervision Charges Not Addable to Transaction Value. The Court held that costs for post-importation activities like erection, commissioning, and performance guarantee tests are not includible in the assessable value of imported goods under Rule 4 read with Rule 9(1)(e) of the Customs Valuation Rules, 1988.

27 Apr 2020

The appeal arose from a dispute between the Commissioner of Customs (Port), Kolkata, and Steel Authority of India Ltd. (SAIL) regarding the valuation ...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Central Excise Duty Demand and Penalty. Petitioner failed to show any jurisdictional error or perversity in concurrent findings of fact regarding duty demand and penalty under Central Excise Rules.

16 Jul 2019

The petitioner, M/s. Mandovi Ispat Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay at ...

High Court

Bombay High Court Dismisses Excise Department’s Appeals Against CESTAT Order Remanding Cases for Denial of Natural Justice. Court Holds That Non-Furnishing of Vital Documents to Assessee Violates Principles of Natural Justice, Despite Department’s Claim of Assessee’s Delaying Tactics.

12 Jun 2019

The High Court of Bombay at Goa dismissed a batch of seven Excise Appeals filed by the Commissioner of Customs & Central Excise, Goa, against a common...

High Court

Bombay High Court Allows Appeal on Vested Right of Appeal in Central Excise Case — Amended Pre-deposit Requirement Not Applicable to Appeals Where Lis Arose Prior to Amendment. The court held that the right of appeal is a vested right and the amended Section 35F of the Central Excise Act, 1944, effective from 6 August 2014, cannot be applied retrospectively to fetter that right.

25 Jul 2016

The appellant, Nimbus Communications Limited, entered into an agreement and was subjected to a service tax demand. The appellant filed an appeal befor...

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

High Court of Karnataka Allows Appeal Against Pre-Deposit Condition in Central Excise Remand Order — Condition of Rs.40 Lakhs Deposit Set Aside as Unwarranted. CESTAT Cannot Impose Pre-Deposit Condition While Remanding Matter for De Novo Adjudication Under Central Excise Act, 1944.

26 Feb 2015

The appellant, M/s Dhariwal Industries Limited, a manufacturer of Panmasala and Gutka registered under the Central Excise Act, 1944, was issued a show...

High Court

Bombay High Court Dismisses Revenue's Appeals as Not Maintainable in Service Tax Refund Case. The issue of refund under notifications granting exemption for services consumed in SEZ relates to rate of duty, thus appeal lies to Supreme Court under Section 35G(1) of Central Excise Act, 1944.

23 Feb 2015

The case involves a batch of appeals filed by the Commissioner of Central Excise & Service Tax, Pune (Revenue) against an order dated 28th March 2013 ...

High Court

Bombay High Court Allows Appeal in Central Excise Classification Dispute — Interest Under Section 11AA Not Payable When Goods Cleared Under Provisional Assessment. Court holds that interest under Section 11AA of the Central Excise Act, 1944 is not attracted when goods are cleared pending finalisation of classification list, as the assessment is provisional.

20 Mar 2012

The appellant-assessee, originally known as Morris Electronics Ltd., was engaged in the manufacture of soft ferrite components. It filed a classificat...

High Court

Bombay High Court Allows Revenue Appeal in Central Excise Case — Interest Under Section 11AB Cannot Be Waived. Mandatory Interest Provision Requires Payment of Interest on Delayed Duty Even if Penalty Is Waived.

10 Feb 2011

The case involves an appeal by the Revenue (Commissioner of Central Excise and Customs) against an order of the Customs, Excise & Service Tax Appellat...

High Court

Bombay High Court Allows Petition Challenging Customs Duty Demand for Goods Imported at Different Port. Commissioner of Customs, Bombay lacks jurisdiction to demand duty for goods imported at New Delhi under an advance licence after change of port of registration.

14 Oct 2005

The petitioner, Vimal Nath, carrying on business as M/s Sharika Intl, was issued an advance licence on 16/2/1994 by licensing authorities at Delhi per...

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