Search Results for "penalty under Excise Rules"

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Bombay High Court Upholds Validity of IT Rules Amendment on Fake News in Reference Opinion — Rule 3(1)(b)(v) of IT Rules, 2021 Held Not Violative of Articles 14, 19(1)(a), 19(1)(g) of Constitution and Section 79 of IT Act, 2000.

The present proceedings arise from a reference made under Chapter-I Rule 7 of the Bombay High Court Appellate Side Rules, 1960 read with Section 98 of...

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Bombay High Court Quashes LBT Assessment Orders for Violation of Natural Justice and Lack of Jurisdiction. Assessment Orders Passed Without Proper Show Cause Notice and Without Considering Objections Violate Principles of Natural Justice Under Maharashtra Municipal Corporation Act.

The petitioner, Kokuyo Camlin Ltd., filed two writ petitions under Article 226 of the Constitution of India challenging two assessment orders dated 13...

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High Court of Karnataka Quashes Detention of Goods Under GST for Lack of Jurisdiction — Second Detention Without Proper Authorization Invalid. The court held that detention of goods under Section 129 of CGST Act, 2017 requires proper authorization and cannot be done without jurisdiction.

The petitioner, a transporter registered under the Central Goods and Services Tax Act, 2017 (CGST Act) and Integrated Goods and Services Tax Act, 2017...

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Supreme Court Upholds Penalty on Managing Director in FEMA Violation Case — Failure to Complete Import Formalities Constitutes Continuing Offence. Liability under Section 10(6) of FEMA, 1999 attaches to person responsible for conduct of business regardless of change in management.

The appeal arose from complaint proceedings initiated by the Enforcement Directorate under Section 16(3) of the Foreign Exchange Management Act, 1999 ...

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Bombay High Court Allows Petition in Customs Act Case — Confiscation and Penalties Quashed for Lack of Mens Rea. Imported capital goods released on payment of duty; no deliberate intent to evade duty established under Sections 111(d), 111(f), 112(a), and 125 of Customs Act, 1962.

The petitioners, M/s. Central Cables Limited (a company manufacturing electric wires and cables), its Managing Director Govind Daga, and Purchase Offi...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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Bombay High Court Allows Appeal Against Predeposit Order in Central Excise Valuation Dispute. CESTAT's direction to deposit Rs. 1 crore set aside as assessee had strong prima facie case on valuation under Section 4 of Central Excise Act, 1944.

The appellant, Jabil Circuit India Private Limited, is a manufacturer of set-top boxes. It sold these boxes to Thomson Holdings India Private Limited ...