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Search Results for "CESTAT appeal"

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High Court

Bombay High Court Dismisses Appeal Against CESTAT Remand Order in Central Excise Refund Claim — No Substantial Question of Law Arises. Tribunal's Remand for Fresh Adjudication with All Issues Kept Open Does Not Give Rise to Appealable Question Under Section 35G of Central Excise Act, 1944.

8 Oct 2013

The appellant, Oil & Natural Gas Corporation Ltd., filed a refund claim under Section 11B of the Central Excise Act, 1944. The Assistant Commissioner ...

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

High Court of Karnataka Dismisses Revenue Appeal in Central Excise Case — Limitation Bar and Exemption Eligibility Upheld. CESTAT's finding of bona fide belief based on Commissionerate clarification and acceptance of CSIO/ADA certificate for exemption under Notification No.10/97-CE sustained.

8 Feb 2017

The appeal was filed by the Commissioner of Central Excise, Bengaluru-V Commissionerate, against the order dated 08.01.2015 passed by the Customs, Exc...

High Court

High Court of Bombay Allows Appeal of Commissioner of Central Excise in Central Excise Penalty Case — CESTAT Erred in Holding No Provision for Penalty Under Central Excise Act or Rules. Rule 209 of Central Excise Rules, 1944 Provides for Penalty for Offences Relating to Excisable Goods.

14 Sep 2010

The Commissioner of Central Excise filed an appeal against the order dated 31st March 2005 passed by the Customs, Excise and Service Tax Appellate Tri...

High Court

Bombay High Court Dismisses Revenue's Appeal in Central Excise Modvat Credit Case — Upholds CESTAT's Order Setting Aside Demand and Penalty for Violation of Natural Justice. The demand under repealed Rule 57-I was invalid after substitution by CENVAT Rules 2002 and the assessee was denied effective opportunity of hearing.

1 Apr 2019

The Commissioner of Central Excise, Thane-II filed an appeal under Section 35G of the Central Excise Act, 1944 against the order dated 27 May 2005 of ...

High Court

Bombay High Court Upholds Assessee in Central Excise Clandestine Removal Appeal Due to Denial of Cross-Examination. CESTAT Majority Order Setting Aside Duty Demand of Rs 4,16,73,971 Upheld as Transporter's Statement Was Sole Basis and Cross-Examination Was Wrongly Refused Under Principles of Natural Justice.

17 Sep 2021

The dispute arose out of central excise proceedings initiated against a processor of man-made fabrics and its director following searches on 21 May 20...

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 Allows Customs Appeal Without Pre-deposit in Classification Dispute — Tribunal's Discretion Must Be Exercised Consistently. Pre-deposit direction set aside as Tribunal failed to follow its own earlier order on identical issue under Section 129E of Customs Act, 1962.

25 Nov 2010

The appellant, Videocon Industries Ltd., a manufacturer of LCD TVs, had been regularly importing Liquid Crystal Device – Thin Film Transistor Module...

High Court

Bombay High Court Allows Department's Appeal, Holds CESTAT Has Power to Condon Delay Under Section 129A(5) of Customs Act, 1962. The Court Remanded the Matter for Consideration of Condonation of Delay on Merits, Ruling That Appeals Under Section 129D(3) Are Deemed Appeals Under Section 129A and Thus Subject to the Same Condonation Power.

13 Aug 2010

The Commissioner of Customs (Gen), Mumbai, filed an appeal before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) against an order of ...

High Court

Bombay High Court Allows Revenue's Appeal in Central Excise Penalty Case — Strict Compliance Required for Reduced Penalty Under Section 11AC. The benefit of 25% penalty is available only if duty, interest and reduced penalty are paid within 30 days of the original adjudication order, not the Tribunal's order.

25 Jun 2012

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

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