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Search Results for "excise return"

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High Court

Bombay High Court Allows Refund of CVD Paid on Imported Mobile Phones Under Exemption Notification. The court held that the exemption notification No.12/2012-Customs applies to imports and directed reconsideration of refund claims subject to verification of unjust enrichment.

30 Nov 2018

The petitioner, Micromax Informatics Limited, a company registered under the Companies Act, imported mobile handsets during July 2014 to June 2015 and...

High Court

Bombay High Court Allows Writ Petition Challenging Denial of Exemption Under Notification No.119/75 for Job Work — Goods Manufactured on Job Work Basis Eligible for Duty Exemption on Job Charges

24 Jun 2010

The Petitioner, M/s Godrej Soap Ltd., filed a Writ Petition challenging an order dated 23.3.1989 passed by the Collector of Central Excise (Appeals) d...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Refund Claim Under CGST Act — Petitioner Entitled to Refund of Excess Tax Paid Due to Inadvertent Double Filing of GST Returns. The court held that the rejection of the refund claim by the appellate authority was unsustainable and directed the respondents to process the refund within eight weeks, subject to verification of no unjust enrichment.

20 Feb 2024

The petitioner, an individual, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 28 December 2022 passed...

Supreme Court

Supreme Court Upholds Validity of Excise Duty on Rubber Users Under the Rubber Act, 1947. Levy Valid as Excise Duty on Production Can Be Collected from Users and Act Contains Sufficient Policy Guidance Against Excessive Delegation.

25 Aug 1969

The case involved a challenge by Jullundur Rubber Goods Manufacturers’ Association, an association of rubber chappal manufacturers in Jullundur, Pun...

High Court

Bombay High Court Quashes Reassessment Notices in Sales Tax Case Due to Lack of Reasonable Belief — Reopening Based on Mere Suspicion and Incomplete Information Held Invalid Under Section 35 of Bombay Sales Tax Act, 1959 and Rule 9A of Central Sales Tax (Bombay) Rules, 1957.

15 Apr 2010

The petitioners, Shree Venkateshwara Petro Chemicals Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India chall...

High Court

Bombay High Court Allows Department's Appeal in Central Excise Refund Case — Limitation Period Under Section 11B Is Mandatory and Unjust Enrichment Applies to Pre-deposit Refunds. The court held that the one-year limitation for refund claims cannot be extended and the claimant must prove no passing of duty burden.

8 Mar 2024

The case involves two connected matters: an appeal by the Commissioner of CGST & Central Excise, Thane Rural, against an order of the Customs, Excise ...

High Court

Bombay High Court Quashes Reopening Notices Under Section 148 of Income Tax Act for Lack of Reasonable Belief — Mere Change of Opinion Not Sufficient to Reopen Completed Assessments. The court held that the Assessing Officer must have tangible material to form a reasonable belief of income escapement, and reasons recorded must disclose a live link with the alleged escapement.

10 Oct 2005

The petitioner, M/s German Remedies Ltd. (since amalgamated with Cadila Healthcare Ltd.), challenged two notices dated February 18, 2005 issued under ...

High Court

High Court Allows Writ Petitions Challenging GST Order Denying Tax Appropriation and Rectification of Returns. Court Quashes Impugned Order as Without Jurisdiction and Permits Rectification of GST Returns Since Tax Paid Exceeded Proposed Input Tax Credit Reversal with No Revenue Loss Under Central Goods and Services Tax Act, 2017.

8 Jan 2026

The dispute involved writ petitions challenging GST authorities' orders denying appropriation of tax paid and refusing rectification of returns. The p...

High Court

Bombay High Court Allows Revenue Appeal in Section 80HHC Deduction Case — Net Interest on Fixed Deposits Cannot Be Considered for Computing Export Profits Deduction. The court held that Explanation (baa) to Section 80HHC of the Income Tax Act, 1961 requires exclusion of ninety per cent of gross interest receipts, not net interest, as the provision does not allow set-off of interest paid against interest received.

19 Mar 2010

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal (ITA...

High Court

Bombay High Court Allows Writ Petition for Higher Interest on Refund of Seized Cash in GST Investigation — Circular on Pre-deposit Interest Not Applicable to Seized Amounts. Court held that interest on refund of cash seized during investigation should be at the rate actually earned on fixed deposit or 18% per annum, whichever is higher, to prevent unjust enrichment.

20 Sep 2024

The case involves two writ petitions filed by Ramkaran Karwa and his son Samir Karwa against the Union of India and other GST authorities. The petitio...

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