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Search Results for "CESTAT appeal"

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High Court

Karnataka High Court Adjudicates Writ Petitions Challenging Mandatory Pre-Deposit under Section 35F of Central Excise Act, 1944. The court examined whether the mandatory deposit requirement violated Articles 14, 19(1)(g) and 265 of the Constitution of India.

7 Oct 2015

The High Court of Karnataka heard a batch of writ petitions filed by several assessees, including Hindustan Petroleum Corporation Ltd., Prestige Garde...

High Court

Bombay High Court Allows Appeal Against CESTAT Pre-Deposit Order in CENVAT Credit Case — Prima Facie Case for Waiver of Pre-Deposit Established. The Court held that the appellant had made out a strong prima facie case for waiver of pre-deposit under Section 35F of the Central Excise Act, 1944, as the statements relied upon were retracted and no opportunity for cross-examination was given.

8 May 2015

The appellant, Ms. Arjandas Metal Industries Pvt. Ltd., filed an appeal under Section 35G of the Central Excise Act, 1944 against an order dated 10th ...

High Court

High Court of Karnataka Dismisses Assessee's Appeal in Gutkha Excise Duty Case for Lack of Substantial Question of Law. The court held that the CESTAT's findings on valuation and penalty were factual and not perverse, and no question of law arose under Section 35G of the Central Excise Act, 1944.

14 Jun 2018

The case involves appeals filed by M/s. Trishul Arecanut Granuels Private Limited and its Director, H.S. Nataraj, against the Commissioner of Central ...

Supreme Court

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.

25 Apr 2024

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...

High Court

High Court of Karnataka Allows Writ Petition Against Detention Notice in Customs Act Matter — Pre-deposit Adjustment Sought. Court holds that amounts deposited during investigation and audit can be adjusted towards mandatory pre-deposit under Section 129E of the Customs Act, 1962 for maintaining appeal.

9 Jun 2016

The petitioner, M/s Bhatia Global Trading Ltd., filed a writ petition under Articles 226 and 227 of the Constitution before the High Court of Karnatak...

High Court

Bombay High Court Allows Appeals Against CESTAT Predeposit Order in Central Excise Clandestine Removal Cases. Electricity Consumption Norms for M.S. Ingots Require Prima Facie Case Assessment for Waiver of Predeposit.

12 Oct 2011

The Bombay High Court heard six appeals under Section 35G of the Central Excise Act, 1944, against a common order of the Customs, Excise and Service T...

High Court

Bombay High Court Dismisses Revenue Appeal in Central Excise Rate of Duty Dispute for Lack of Jurisdiction. Appeal under Section 35G of Central Excise Act, 1944 held not maintainable as issue pertains to rate of duty, appealable only to Supreme Court under Section 35L.

21 Jun 2017

The Commissioner of Customs, Central Excise and Service Tax, Nashik-II Commissionerate filed an appeal under Section 35G of the Central Excise Act, 19...

High Court

Bombay High Court Allows Customs Appeal Against CESTAT Order Reducing Redemption Fine and Penalty Without Reasons. Tribunal's reliance on non-binding precedent from another bench held improper as it ignored its own earlier order.

21 Mar 2006

The Commissioner of Customs (General), Mumbai, filed an appeal under Section 130 of the Customs Act, 1962 against the order of the Customs, Excise and...

High Court

Bombay High Court Dismisses Revenue Appeal in Service Tax Case on Maintainability Grounds — Questions of Taxability and Valuation Fall Outside High Court's Jurisdiction Under Section 35G of Central Excise Act, 1944.

8 Jun 2023

The Principal Commissioner of CGST and Central Excise, Mumbai East Commissionerate (appellant) filed an appeal under Section 35G of the Central Excise...

High Court

Bombay High Court Dismisses Writ Petition Against CESTAT Order Upholding Anti-Dumping Duty on Acrylonitrile Butadiene Rubber — Alternative Remedy of Appeal Under Section 130 of Customs Act, 1962 Available. The court held that the existence of an efficacious statutory appeal under Section 130 of the Customs Act, 1962 bars the maintainability of a writ petition under Article 226 of the Constitution against an order of the CESTAT under Section 9C of the Customs Tariff Act, 1975.

16 Jan 2013

The petitioners, M/s. Rishiroop Polymers Private Limited and another, filed a writ petition under Article 226 of the Constitution before the Bombay Hi...

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