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Search Results for "CESTAT order"

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High Court

Bombay High Court Dismisses Revenue Appeal in CENVAT Credit Case — Amendment to Rule 6 of Cenvat Credit Rules, 2004 Held Not Retrospective. CESTAT order allowing respondent's appeal upheld as the retrospective amendment by Finance Act, 2010 did not apply to the period prior to its enactment.

24 Aug 2023

The appeal was filed by the Principal Commissioner of CGST and Central Excise, Mumbai East Commissionerate against Larsen & Toubro Limited (HED) under...

High Court

Bombay High Court Allows BCCI's Writ Petition Against Service Tax Demand on Media Rights Income. Court holds that BCCI's grant of media rights for IPL matches constitutes 'export of service' and not 'franchisee service', quashing the Order-in-Original and directing rectification of the Tribunal's order.

1 Aug 2023

The petitioner, Board of Control for Cricket in India (BCCI), a society registered under the Tamil Nadu Societies Registration Act, 1975 and registere...

High Court

Bombay High Court Allows Revenue's Appeal in Central Excise Case on Section 11D Demand for Ethanol Blended Petrol. The court held that CESTAT erred in setting aside demand under Section 11D of Central Excise Act, 1944 merely because duty was not separately shown in invoice, as duty was collected as part of composite price.

18 Jul 2023

The Commissioner of CGST & Central Excise, Belapur Commissionerate appealed against an order of CESTAT, Mumbai dated 31 August 2020, which allowed the...

High Court

High Court of Bombay Dismisses Revenue's Appeal in Modvat Credit Case — Captive Power Plant Erection Eligible for Credit Under Rule 57Q(6) of Central Excise Rules, 1944. Substantial questions of law answered in favor of assessee regarding eligibility of credit on capital goods used in erection of captive power plant by other divisions of the same group.

14 Jan 2022

The case involves an appeal by the Revenue against the order of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) which upheld the Commiss...

High Court

Bombay High Court Dismisses Appeal in Customs Case — Conversion of Shipping Bill from DEEC to Drawback Scheme Denied. CBEC Circular No. 4/2004 requires prior denial of DEEC benefit by DGFT or Customs; mere inability to utilize advance license does not qualify.

5 Jan 2016

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...

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

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's Appeal in Central Excise Penalty Case — CESTAT Order Upheld. Penalty under Rule 209A of Central Excise Rules, 1944 set aside for lack of evidence of aiding and abetting.

21 Sep 2010

The case involves two appeals filed by the Commissioner of Central Excise, Mumbai, against the orders of the Customs, Excise and Service Tax Appellate...

High Court

Bombay High Court Allows Department's Appeal, Holds CESTAT Has Power to Condon Delay Under Section 129A(5) of Customs Act, 1962. The Court Remanded the Matter for Consideration of Condonation of Delay on Merits, Ruling That Appeals Under Section 129D(3) Are Deemed Appeals Under Section 129A and Thus Subject to the Same Condonation Power.

13 Aug 2010

The Commissioner of Customs (Gen), Mumbai, filed an appeal before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) against an order of ...

High Court

Bombay High Court Upholds Commissioner's Suspension of CHA Licence for Employee Misconduct — Suspension Pending Inquiry Valid Without Prior Show Cause Notice Under Customs House Agents Licensing Regulations, 2004. The court held that suspension is an interim measure to safeguard revenue and does not require a show cause notice before issuance, as it is not a final penalty.

29 Nov 2006

The case involves two appeals arising from an order of the Customs Excise and Service Tax Appellate Tribunal (CESTAT) dated 4th April 2006. The Commis...

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