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Search Results for "state excise duty"

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Supreme Court

Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

13 Dec 2024

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

Supreme Court

Supreme Court Allows Revenue Appeal in Central Excise Valuation Case — Related Party Transactions Must Be Valued Under Rule 11 CEVR Read with Section 4(1)(b) of Central Excise Act, 1944. Circular dated 01.07.2002 Clarifying Valuation Method for Mixed Sales to Related and Unrelated Parties Is Binding and Correctly Applied by Revenue.

5 Dec 2022

The present Civil Appeal arises from an order dated 30.11.2017 passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chandigarh, ...

Supreme Court

Supreme Court Dismisses Appeal of 100% EOU in Customs Duty Case for Unauthorized DTA Sales of Cut Flowers. Cut Flowers Held Non-Excisable, Duty Leviable on Inputs Under Notification No. 126/94-Cus as Amended, Extended Limitation Period Invoked for Wilful Suppression.

1 Sep 2020

The appeal arises from a dispute between M/s. L.R. Brothers Indo Flora Ltd., a 100% Export Oriented Unit (EOU) engaged in floriculture, and the Commis...

Supreme Court

Supreme Court Allows Revenue Appeal in Central Excise Case: EOU Job Work for DTA Unit Without Export Violates EXIM Policy. The Court held that a 100% EOU cannot undertake job work for a DTA unit and clear finished goods to the DTA without exporting them, and such clearance is not eligible for concessional duty under Notification No.8/97-CE.

6 Mar 2020

The case involves an appeal by the Commissioner of Central Excise, Nagpur against the CESTAT order that allowed the appeals of M/s Universal Ferro & A...

Supreme Court

Supreme Court Allows Union of India's Appeals in Excise Incentive Withdrawal Case — Policy Change Upheld as Prospective and in Public Interest. The Court held that the impugned notification was not retrospective and promissory estoppel did not bar the government from modifying the incentive scheme for Kutch industries.

1 Jan 2020

The Supreme Court allowed the appeals filed by the Union of India against the common judgment of the Gujarat High Court, which had quashed Notificatio...

Supreme Court

Supreme Court Allows Appeal in Part — NCCD Payable Despite Excise Duty Exemption, Education Cess and Secondary & Higher Education Cess Not Payable. The Court held that Education Cess and Secondary & Higher Education Cess, being surcharges on excise duty, cannot be levied when basic excise duty is exempted, but NCCD, being an independent duty of excise, is payable.

1 Mar 2019

The appeal arose from a dispute between Bajaj Auto Limited (the appellant) and the Union of India regarding the liability to pay National Calamity Con...

High Court

Bombay High Court Allows Petitions Challenging Denial of Denatured Spirit License for Industrial Use. Held that rectified spirit/denatured spirit is not 'intoxicating liquor' under the Bombay Prohibition Act, 1949 and that the State cannot refuse license for industrial use under the Bombay Denatured Spirit, Methyl Alcohol and Varnish (Miscellaneous) Rules, 1954.

27 Feb 2017

The petitioners, M/s. Biostar Pharmaceuticals Limited and Mr. Ashok Bora, filed two writ petitions challenging the refusal of the State Excise authori...

High Court

Bombay High Court Allows Writ Petitions Challenging Central Excise Duty Demand on Scrap Generated During Car Manufacturing. Generation of scrap during manufacturing process is not a separate taxable event under Central Excise Act, 1944.

29 Sep 2014

The judgment concerns two writ petitions filed by Premier Ltd. and New Holland Fiat (India) Pvt. Ltd. challenging show cause notices issued by the Cen...

High Court

Bombay High Court Dismisses Revenue's Petition Against Rebate Claims for Export of Yarn — Revisional Authority's Order Upheld as Proper Exercise of Power Under Section 35-EE of Central Excise Act, 1944. The court held that the revisional authority has the power to condone delay in filing revision application, and the High Court will not interfere with such discretionary order under Article 226.

3 May 2006

The petitioners, the Commissioner of Central Excise and the Assistant Commissioner of Central Excise, Nagpur, filed a writ petition under Article 226 ...

High Court

Bombay High Court Allows Refund of Cess Paid Under Protest in Excise Matter — Unjust Enrichment Principle Not Applicable to Cess Under IDR Act. Section 11-B of Central Excise Act Held Inapplicable to Cess Collected Under Industries (Development and Regulation) Act, 1951, and Refund Directed with Interest.

26 Apr 2005

The petitioners, Shree Vidhya Paper Mills and Mr. Rameshwarlal Motilal, filed a writ petition in the Bombay High Court seeking refund of Rs. 10,19,246...

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