Search Results for "Excise Commissioner"

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Search Results for "Excise Commissioner"

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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...

High Court

Bombay High Court Holds Appeal Under Section 35G of Central Excise Act Maintainable on Limitation Issue Even When Valuation/Rate of Duty Not Disputed. The Court ruled that the question of limitation is a distinct legal issue not relating to assessment, valuation, or rate of duty, and thus appeals challenging only the time-bar aspect are maintainable before the High Court under Section 35G.

23 Dec 2021

The case arose from a Central Excise Appeal filed by the Commissioner of CGST & Central Excise, Belapur, against Hindustan Petroleum Corporation Ltd. ...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in MODVAT Credit Deduction Case Under Section 43B of Income Tax Act. Unutilised MODVAT Credit and Sales Tax Recoverable Account Not Allowable as Deduction Without Actual Payment of Excise Duty Liability.

7 Feb 2020

The Supreme Court dismissed appeals by Maruti Suzuki India Ltd. against the Delhi High Court judgment dated 07.12.2017, which upheld the disallowance ...

Supreme Court

Supreme Court Dismisses Appeal of Manufacturer in Central Excise Duty Dispute on Captive Consumption of Yarn. Court Holds That Bank Guarantees Furnished Under Interim Order Can Be Enforced Without Section 11A Notice.

9 Dec 2019

The appellant, M/s. The Bombay Dyeing & Mfg. Co. Ltd., was engaged in the manufacture of cotton and manmade fabrics. It claimed that the fabric manufa...

High Court

Bombay High Court Allows Cash Refund of CENVAT Credit Under Section 11B(2) Proviso (c) When Credit Cannot Be Utilized Due to Exempted Final Products. The court held that clause (c) to the proviso of section 11B(2) of the Central Excise Act, 1944 permits cash refund of credit on inputs where the assessee is unable to utilize such credit, overruling the contrary view in Commissioner of Central Excise vs. Jain Vanguard Polybutylene Ltd.

14 Jun 2019

The Full Bench of the Bombay High Court was constituted to resolve a conflict regarding the interpretation of clause (c) to the proviso of section 11B...

Supreme Court

Supreme Court Allows Appeal in Excise Duty Exemption Case — NCCD, Education Cess and Secondary & Higher Education Cess Not Payable When Basic Excise Duty Exempted. Exemption Notification Under Section 5A of Central Excise Act, 1944 Covers NCCD as Duty of Excise, and Surcharges on Excise Duty Cannot Be Levied Without Substratum.

1 Mar 2019

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

Supreme Court

Supreme Court Expunges Adverse Remarks Against Commissioner State Excise in Liquor Licence Dispute. High Court's Directions to Act Properly and Anticipatory Stay Held Unwarranted.

7 Jan 2019

The Supreme Court dealt with two sets of appeals arising from a Bombay High Court judgment concerning liquor licence holders in Mumbai suburbs. The ap...

High Court

High Court of Karnataka Hears Revenue's Appeals Against ITAT Decision Favoring Assessee on Deduction of Distributable Surplus Payment to Brand Owner. Court Examines Whether Payment is Allowable Under Section 37 of Income Tax Act, 1961 or Constitutes Application of Income or Diversion by Overriding Title.

25 Sep 2018

The present set of five tax appeals arises under Section 260-A of the Income Tax Act, 1961, filed by the Revenue against the common order of the Incom...

High Court

Bombay High Court Disposes of Writ Petitions Challenging Section 140(3)(iv) of CGST Act on Transitional Credit for Pre-GST Stock. Petitioners Argue Arbitrary Cut-Off Date Leads to Double Taxation and Discrimination.

20 Mar 2018

A group of manufacturers and traders, including JCB India Limited, manufacturers of excavators and loaders, filed writ petitions before the Bombay Hig...

High Court

Bombay High Court Quashes Recovery Notices Against Directors in Central Excise Case — No Personal Liability Without Specific Statutory Provision. Directors of a company cannot be treated as assessees or deemed to be in default for excise duty demands under the Central Excise Act, 1944, in the absence of a provision akin to Section 179 of the Income Tax Act, 1961.

17 Aug 2005

The petitioners, Sunil Parmeshwar Mittal and Kirti Trambaklal Shah, were directors of a company that was assessed for excise duty. The Deputy Commissi...

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