Search Results for "CESTAT powers"

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Search Results for "CESTAT powers"

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High Court

Bombay High Court Allows Appeal by Commissioner of Customs in CHA Licence Cancellation Case — Failure to Verify Importer's Identity Under Regulation 14(d) of CHALR, 1984 Justifies Cancellation. The Court held that the CESTAT erred in setting aside the cancellation on the ground of leniency and that the CHA's obligation to verify the importer's identity is mandatory.

31 Oct 2018

The case involves an appeal by the Commissioner of Customs (General), Mumbai, against an order of the Customs Excise and Service Tax Appellate Tribuna...

High Court

Bombay High Court Dismisses Revenue's Appeal in Customs Penalty Case — No Evidence of Mens Rea for Penalty Under Section 112 of Customs Act, 1962. CESTAT's finding that the master of the vessel was not liable for penalty as he was not aware of the illegal diesel sale was based on evidence and not perverse.

29 Jul 2010

The Commissioner of Customs (Import) appealed against the CESTAT order which upheld the Commissioner's decision not to impose penalty on the master of...

High Court

Bombay High Court Dismisses Petitioner's Writ Challenging Service Tax Demand and Section 35F Validity — Petitioner Relegated to Alternate Remedy of Appeal. Constitutional challenge to Section 35F of Central Excise Act, 1944 not entertained as validity already upheld; factual disputes remitted to appellate authority.

10 Jan 2019

The petitioner, Tyresoles India Pvt. Ltd., filed a writ petition challenging an order dated 14 October 2016 passed by the Commissioner of Central Exci...

High Court

Bombay High Court Allows Appeal Against Tribunal's Refusal to Stay Redemption Fine. Holds that Customs Tribunal Has Inherent Jurisdiction to Stay Redemption Fine Under Section 125 of Customs Act, 1962, as Section 129E Does Not Apply.

8 Dec 2017

The appellant, Mydream Properties Private Limited, imported a yacht and VSAT equipment, against which the Commissioner of Customs passed an order-in-o...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Service Tax Case — Notification 8/2005-ST Held Conditional. CESTAT order setting aside demand against assessee upheld as notification required fulfillment of conditions for exemption.

1 Apr 2015

The Commissioner of Central Excise, Bangalore-II, filed appeals under Section 35G of the Central Excise Act, 1944, challenging a common order dated 12...

High Court

Madras High Court Dismisses Department's Appeal in Customs DFIA Scheme Conversion Case. Circular No.36/2010 Held Directory, Not Mandatory, Allowing Amendment of Shipping Bills Beyond Time Limit.

10 Apr 2026

The case involves appeals filed by the Commissioner of Customs (Export) against the order of the Customs, Excise and Service Tax Appellate Tribunal (C...

High Court

Bombay High Court Allows Writ Petition in Sabka Vishwas Scheme Case — Directs Reconsideration of Declaration by Allowing Pre-deposit Adjustment. The Court held that rejection of declaration under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 on ground of non-reflection of pre-deposit in electronic ledger was unjustified and directed reconsideration.

28 Jan 2021

The petitioner, M/s. Code Engineers Private Limited, a company engaged in providing erection, commissioning and installation services, was registered ...

High Court

Bombay High Court Allows Assessee's Appeals on Cenvat Credit for Inputs Used in Exempted Goods, Partially Allows Revenue's Appeals on Education Cess. Tractors are exempted goods despite education cess, but separate accounts are required under Rule 6 of Cenvat Credit Rules, 2004.

4 Dec 2019

The judgment concerns multiple appeals filed by M/s. Mahindra & Mahindra Ltd. (Assessee) and the Commissioner of Central Excise (Revenue) against a co...

High Court

Bombay High Court hears appeal against CESTAT order upholding duty demand and confiscation of diamonds due to shortage and non-compliance with export obligations — substantial questions raised on interpretation of Notification No. 177/94-Cus and para 8.78B of Handbook of Procedures.

9 May 2012

The appellant, a partnership firm engaged in manufacturing and exporting gold jewellery studded with diamonds at its unit in the Santacruz Electronics...

Supreme Court

Supreme Court Allows Appeal in Central Excise Case — Process Not Amounting to Manufacture Under Section 2(f) of Central Excise Act, 1944. Court Holds That Internal Order Deciding Jurisdiction Is Not Appealable Under Section 35 of the Act.

14 Nov 2019

The Supreme Court allowed the appeal filed by the Commissioner of Central Excise, Haldia against the order of the Customs, Excise and Service Tax Appe...

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