Search Results for "Order-in-original"

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High Court

Gujarat High Court Directs Implementation of Order-in-Original Permitting Re-export of Imported Goods in Customs Dispute — Failure to Implement Order Results in Direction to Refund Penalty and Redemption Fine. The court held that the Customs authorities must either implement the order allowing re-export of Mixed Glycol or refund the redemption fine and penalty paid by the importer under Section 126 of the Customs Act, 1962.

6 Feb 2026

The petitioner, Goodwill Industries, imported a consignment of Mixed Glycol vide Bill of Lading dated 16.02.2021. The supplier loaded the goods into t...

High Court

Bombay High Court Quashes Service Tax Demand Against Advocate for Lack of Jurisdiction and Violation of Natural Justice. Deputy Commissioner lacked territorial jurisdiction to adjudicate service tax liability of an advocate practicing in Mumbai, and the order was passed without proper notice or opportunity of hearing.

24 Jan 2024

The Petitioner, an advocate practicing in the Bombay High Court, challenged an Order-in-Original dated 26 October 2023 passed by the Deputy Commission...

High Court

Bombay High Court Quashes Customs Order-in-Original for Defying Advance Ruling on Betel Nut Classification. Authority for Advance Rulings' classification of betel nut products under CTH 2106 90 30 is binding on Customs authorities under Section 28J of the Customs Act, 1962.

18 Dec 2023

The petitioner, Isha Exim, a business engaged in importing edible products including processed betel nut (supari), challenged an Order-in-Original dat...

High Court

Bombay High Court Quashes Customs Order-in-Original for Violation of Natural Justice — Petitioner Denied Cross-Examination Opportunity Under Section 138B of Customs Act, 1962. The court held that denial of cross-examination vitiates the proceedings and remitted the matter for fresh adjudication.

5 Dec 2023

The petitioner, Shri Bipin Badani, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the o...

High Court

Bombay High Court Allows Writ Petitions Under Sabka Vishwas Scheme, Directs Substitution of Estimated Amount with Tax Dues as Per Adjudicated Order. The court held that for the purpose of the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, the 'tax dues' refer to the amount determined in the order-in-original, not the show cause notice, even if the order was set aside on appeal.

5 Nov 2020

The three writ petitions under Article 226 of the Constitution of India challenged the respondents' action in issuing forms SVLDRS-2 and SVLDRS-3 unde...

High Court

Bombay High Court Dismisses Revenue Appeals in Service Tax on Maintenance Charges — Management, Maintenance or Repair Service Not Attracted. Amounts collected as maintenance charges for upkeep of apartment premises are not subject to service tax under the Finance Act, 1994.

25 Jan 2018

The judgment involves three appeals filed by the Commissioner of Service Tax/Central Excise against orders of the Customs, Excise & Service Tax Appell...

High Court

Bombay High Court Allows Central Excise Appeal in Purification Activity Case — Tribunal's Order Set Aside for Judicial Indiscipline. Purification of excise duty paid goods on job work basis does not amount to manufacture under Section 2(f) of Central Excise Act, 1944, and Tribunal bound by precedents.

20 Jan 2015

The Bombay High Court disposed of Central Excise Appeal No.179 of 2014 and Civil Writ Petition No.279 of 2015 by a common order. The appellant, Sunbel...

High Court

Bombay High Court Allows Refund of Service Tax on Onsite Work at Customer's Premises Under Export of Service Rules, 2005. The court held that onsite work at customer's premises abroad qualifies as 'Service Provided from India' under Rule 3(2)(a) of the Export of Service Rules, 2005, and the appellants are entitled to refund of service tax paid.

15 Sep 2014

The case involves appeals by Tech Mahindra Limited and other assessees against the order of the Customs, Excise and Service Tax Appellate Tribunal (CE...

High Court

Bombay High Court Quashes Circulars Including Dealer's PDI and Free After-Sales Service Costs in Assessable Value of Vehicles — Circulars Held Ultra Vires Section 4 of Central Excise Act, 1944.

7 Sep 2012

The petitioner, M/s. Tata Motors Ltd., a manufacturer of vehicles, challenged clause 7 of Circular No. 643/34/2002CX dated 1st July, 2002 and Circular...

High Court

Bombay High Court Holds Commissioner of Customs Can Disagree with Inquiry Officer's Report Under CHA Licensing Regulations, 2004 — Full Bench resolves conflict on scope of disciplinary authority's power to differ from subordinate officer's findings.

19 Jul 2012

The petitioner, M/s. Delta Logistics, a partnership firm, was a licensed Customs House Agent (CHA) under the Custom House Agents Licensing Regulations...

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