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Bombay High Court Allows Revenue's Appeal in Central Excise Penalty Case — Show-Cause Notice for Penalty Under Section 11AC Not Barred by Section 11A(2B) Despite Pre-Notice Duty Payment. CESTAT Erred in Holding That Payment of Duty Before Show-Cause Notice Precludes Issuance of Notice for Penalty.

The case involves an appeal by the Commissioner of Central Excise & Customs against an order of the Customs, Excise and Service Tax Appellate Tribunal...

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Bombay High Court Dismisses Challenge to Forfeiture of Property Under SAFEMA Despite Revocation of Detention Order. Property of Detenu Forfeited Under Sections 7 and 19(1) of SAFEMA Upheld as Detention Order Was Valid When Forfeiture Order Was Passed.

The petitioner, Smt. Padma Nirmal Agarwal, challenged the forfeiture of a flat (Flat No.16, 471/C, Manu Mahal, King's Circle, Mumbai) under the Smuggl...

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Bombay High Court Allows Assessee's Classification of Stainless Steel Water Filter as Utensil Under Bombay Sales Tax Act. Water Filter Held to Be a Utensil Covered by Schedule Entry C-II-46, Not a General Item.

The case involved two references under Section 61(1) of the Bombay Sales Tax Act, 1958, at the instance of the Revenue. The respondent, M/s Neelam App...

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Bombay High Court Allows Writ Petition Against Rejection of KVSS Declaration — Post-Manufacturing Expenses Dispute. The court held that an appeal is pending until the order is communicated to the party, and thus the declaration under Section 95 of the Finance (No.2) Act, 1998 was validly filed.

The petitioner, M/s. Pepsico India Holdings Ltd., a company engaged in manufacturing aerated water, soft drinks, and fruit-pulp based drinks, was issu...

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Bombay High Court Allows Indian Airlines' Petition, Upholds Termination of Employee for Loss of Confidence Due to Gold Smuggling. Termination Without Enquiry Valid Under Standing Orders as Employee's Acts Posed Security Threat to Aircraft and Passengers.

The petitioner, Indian Airlines Limited, challenged an order of the Industrial Court which declared the termination of the first respondent's services...

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High Court Dismisses Petition Challenging Arbitral Award in Insurance Claim Dispute — Underinsurance Calculation Upheld as Not Perverse. Court finds no patent illegality in tribunal's assessment of 55% underinsurance on replacement value basis.

The petitioner, M/s Lift and Shift India Pvt. Ltd., imported a second-hand crawler crane in 2004 and insured it with the respondent, M/s Iffco Tokio G...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Retraction of Statement and Bail Conditions Ignored, Violating Article 22(5) of the Constitution.

The petitioner, son of the detenu Bittu Choith Harchandani, challenged a detention order dated 16.4.2015 passed by the second respondent under Section...