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High Court

Bombay High Court Allows Revenue Appeal in DEPB Taxation Case - Face Value of Duty Entitlement Passbook Chargeable Under Section 28(iiib) at Accrual, Excess Over Face Value Under Section 28(iiid) at Sale. The court held that the Tribunal erred in holding that the entire sale proceeds of DEPB are not profits under Section 28(iiid) and that face value should be deducted from sale proceeds.

28 Jun 2010

The appeal by the Revenue under Section 260A of the Income Tax Act, 1961 arose from a decision of the Special Bench of the Income Tax Appellate Tribun...

Supreme Court

Supreme Court Dismisses Appeals Challenging Circular Denying Export Incentives to Purchasers from 100% EOU. Clarification That Exports Through EOUs Are Ineligible Under VKGUY Scheme Is Valid and Not Contrary to Foreign Trade Policy.

14 Feb 2020

The case involves appeals by M/s. Nola Ram Dulichand Dal Mills and others against the Union of India and others, challenging a circular dated 21st Jan...

Supreme Court

Supreme Court Dismisses Customs Appeal on Valuation of Imported Goods Under Customs Act, 1962 — Design and Supervision Charges Not Addable to Transaction Value. The Court held that costs for post-importation activities like erection, commissioning, and performance guarantee tests are not includible in the assessable value of imported goods under Rule 4 read with Rule 9(1)(e) of the Customs Valuation Rules, 1988.

27 Apr 2020

The appeal arose from a dispute between the Commissioner of Customs (Port), Kolkata, and Steel Authority of India Ltd. (SAIL) regarding the valuation ...

High Court

Bombay High Court Allows Rebate Claim for Exported Biscuits Despite Exemption Notification — Revenue Cannot Retain Duty Paid Without Authority of Law. The court held that exemption notification No.3/2006-CE is not applicable to exported goods as retail sale price in rupees is not required on export packages, and duty paid is validly claimable as rebate under Rule 18 of Central Excise Rules, 2002.

21 Oct 2024

The petitioner, M/s. Parle Products Ltd., is a company engaged in manufacturing biscuits and confectioneries. Biscuits are excisable goods under Secti...

High Court

Bombay High Court Allows Customs Appeals in Advance Licence Case — Duty Exemption Denied for Failure to Fulfill Export Obligation. The court held that the respondent-assessee failed to produce evidence of actual use of imported Lauryl Alcohol in the manufacture of export goods, and the extended period of limitation under Section 28 of the Customs Act, 1962 was rightly invoked due to suppression of facts.

6 Jan 2023

The case involves two appeals filed by the Commissioner of Customs (EP) against a common order dated 24 July 2006 of the Customs Excise and Service Ta...

High Court

Bombay High Court Allows Revenue Appeal in CENVAT Credit Deduction Case Under Section 80HHC of Income Tax Act, 1961. CENVAT Credit Not Eligible for Deduction as It Is Not an Export Incentive Under Section 28(iiia)-(iiie).

13 Aug 2014

The Commissioner of Income Tax, Central-III, Mumbai, appealed against the order of the Income Tax Appellate Tribunal (ITAT) dated 29 July 2011, which ...

High Court

Bombay High Court Dismisses Petition Challenging Import Licence Restriction and Show Cause Notice in DEEC Scheme Case — Import Policy Restriction on Rubber Chemicals Upheld. Court held that the clarification restricting CIF value to 7% of FOB value of exports was valid and the show cause notice for short levy under Customs Act, 1962 was maintainable.

4 May 2005

The petitioner, M/s A.V. Industries, a partnership firm registered under the Indian Partnership Act, is a fully export-oriented unit manufacturing aut...

High Court

Bombay High Court Allows Writ Petition Challenging DGFT Communication on Duty Free Replenishment Certificates — SION Applicable as on Date of Export. The court quashed orders demanding duty and penalty for imports under DFRC based on subsequent SION, holding that the exporter's entitlement is determined by norms in force at the time of export.

3 Mar 2011

The petitioner, Piramal Glass Limited (formerly Gujarat Glass Limited), a manufacturer, challenged a communication dated 03/05/2010 from the Director ...

High Court

Bombay High Court Upholds Tribunal's Decision That Customs Duty Not Part of 'Purchase Price' Under Bombay Sales Tax Act. The term 'Purchase Price' in Rule 41D does not include customs duty, and set-off under Section 75 is only for intra-State purchases.

23 Aug 2016

The case involves a Sales Tax Reference under Section 61 of the Bombay Sales Tax Act, 1959 (BST Act) by the First Bench of the Maharashtra Sales Tax T...

High Court

Bombay High Court Allows Refund of Excise Duty Paid on Exported Goods Under Mistake of Law — Rule 13 Export Bond Not Used. Duty Paid Under Mistake of Law is Recoverable and Limitation Under Section 11B Central Excise Act Does Not Apply to Mistake of Law Claims.

24 Apr 2006

The petitioners, Tata SSL Ltd. and its director, exported consignments of Cold Rolled Sheets and Coils to Nepal by road. The goods were cleared from t...

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