Search Results for "CESTAT order"

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Madras High Court Dismisses FCI's Appeal in Customs Duty Refund Case — Limitation for Appeal Under Section 128 Cannot Be Condoned. Import of Section 129A to condone delay in first appeal under Section 128 is impermissible as Customs Act is a complete code.

The Food Corporation of India (FCI) filed a Civil Miscellaneous Appeal under Section 130(1) of the Customs Act, 1962 read with Section 104 of CPC, cha...

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Bombay High Court Dismisses Petition Seeking Release of Sealed Factory Premises in Customs Duty Dispute — Petitioner Failed to Comply with Supreme Court's Conditional Order. Interest Demand Under Section 28AA of Customs Act, 1962 is Statutory and Automatic, No Separate Demand Required.

The petitioner, B.V. Jewels, a partnership firm engaged in manufacturing and exporting gold and jewellery, operates an export processing unit in SEEPZ...

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Supreme Court Allows Appeals in Central Excise Case Due to Non-Compliance with Tribunal's Direction to Furnish Document — Violation of Natural Justice. CESTAT's Order Directing Supply of Letter Dated 20.01.2001 Was Final and Could Not Be Modified Without Proper Justification.

The appellant, a manufacturer of cotton yarn and polyester yarn, was issued two show cause notices dated 11.05.2001 and 02.11.2001 alleging excess sto...

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Supreme Court Allows Revenue Appeal in Service Tax Case on Design Services. Engineering Design & Drawings Imported for Manufacturing Wind Turbine Generators Held Taxable as 'Design Services' Under Finance Act, 1994.

The case involves an appeal by the Revenue against the CESTAT order which held that 'Engineering Design & Drawings' imported by M/s Suzlon Energy Limi...

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Bombay High Court Dismisses Revenue's Appeal in Service Tax Case Against SEBI. Regulatory fees collected under SEBI Act, 1992 are statutory levies, not consideration for taxable service under Finance Act, 1994.

The Principal Commissioner of CGST & Central Excise, Mumbai East, filed an appeal under Section 35(G) of the Central Excise Act, 1944 against the orde...

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Bombay High Court Considers Legality of Customs Broker Licence Suspension Due to Delay in Submitting Inquiry Report. Interpretation of Regulation 20(5) of Customs Brokers Licensing Regulations, 2013 — Whether Time Limit of 90 Days for Inquiry Report is Mandatory or Directory.

A group of customs appeals was filed by the Principal Commissioner of Customs (General), Mumbai, against various customs broker licence holders before...

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Bombay High Court Dismisses Revenue's Appeal in Customs Confiscation Case — Goods Not Liable for Confiscation Under Section 111(d) or 111(m) of Customs Act, 1962. Supplier's Innocent Involvement and Lack of Misdeclaration by Respondent Lead to Dismissal.

The case involves two appeals filed by the Commissioner of Customs & Central Excise, Goa, under Section 130 of the Customs Act, 1962, against a common...

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Supreme Court Dismisses Revenue's Appeal in Customs Classification Dispute. n-Hexane Held to be a Separate Chemical Compound, Not Petroleum Oil, Under Customs Tariff Heading 2901.10 and Central Excise Tariff Heading 2901.90.

The case involves an appeal by the Commissioner of Customs, Kandla, against the decision of CESTAT, Ahmedabad, which had dismissed the Revenue's appea...