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High Court

High Court of Bombay Dismisses Revenue's Challenge to Refund Order in Favor of Vodafone Idea Limited Due to Alternative Remedy and Delay. The court held that the Revenue's writ petition was not maintainable as an alternative remedy of revision under Section 35A of the Central Excise Act, 1944 was available, and the petition was barred by delay and laches.

4 Jul 2022

The case involves two writ petitions: one filed by Vodafone Idea Limited seeking implementation of a refund order, and another filed by the Revenue ch...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of MEIS Benefits on Ground of Mis-declaration of Intent. Court holds that mere mis-declaration of intent without specific provision in Foreign Trade Policy cannot be a ground to deny export incentives under the Merchandise Exports from India Scheme.

2 Mar 2021

The petitioner, Portescap India Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging the rejection of its...

High Court

Bombay High Court Dismisses Revenue's Appeal in Service Tax Classification Dispute. Services Provided by Respondent to Overseas Manufacturers Held Not Classifiable as Business Auxiliary Services and Treated as Export of Services.

31 Jul 2017

The Commissioner of Service Tax, Mumbai, appealed under Section 35G of the Central Excise Act, 1944 against an order dated 07-01-2015 passed by the Cu...

High Court

Bombay High Court Allows Reference on Double Taxation Issue in Income Tax Case — Assessee Company Cannot Be Taxed Again on Income Already Assessed in Export Firm's Hands. The court considered whether income already assessed in the hands of an export firm could be taxed again in the hands of the assessee limited company, noting that the facts were not in dispute.

8 May 2015

The case involves an income tax reference by the Bombay High Court at Nagpur Bench. The assessee, R.B. Shreeram Durgaprasad (P) Limited, Tumsar, chall...

High Court

High Court of Bombay at Goa Allows Appeal in Part Regarding Computation of Deduction Under Section 80HHC of Income Tax Act, 1961 — Receipts from Hire of Barges, Proceeds of Services, Repairs of Vessels, and Extraction Charges Held Part of Total Turnover for Export Deduction.

7 May 2015

The appellant, Sesa Goa Ltd., is a company engaged in the business of mining and export of iron ore. For the assessment year 1996-1997, the appellant ...

High Court

Bombay High Court Allows Writ Petition Challenging CBEC Circular on Brand Rate of Drawback. Court holds that an exporter can claim Brand Rate of drawback under Rule 7 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 even after availing All Industry Rate under Rule 3.

1 Sep 2014

The petitioner, Alfa Laval (India) Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging a Circular dated 30th Decemb...

High Court

Bombay High Court Allows Rebate Claims for Exported Cables in Central Excise Case — Emphasizes Substantive Compliance Over Procedural Technicalities. Revisional Authority Must Consider Merits, Not Merely Endorse Lower Authorities' Findings Under Rule 18 of Central Excise Rules, 2002.

24 Apr 2013

The petitioner, UM Cables Limited, is a manufacturer of Polyethylene Insulated Jelly filled Copper Cables and Optical Fiber Cables, falling under tari...

High Court

Bombay High Court Dismisses Revenue's Petition in Central Excise Rebate Case — By-Product Export Rebate Allowed. Input Credit Adjustment Permitted Under CENVAT Credit Rules, 2004 for Duty Paid on Inputs Used in Manufacture of Final Product, Even if By-Product is Not Manufactured.

6 Apr 2011

The Union of India, through the Commissioner of Central Excise, Raigad, filed a writ petition challenging an order of the Joint Secretary (Revision Ap...

High Court

Bombay High Court Allows Revenue's Appeal in Part on Deduction Under Section 80HHC of Income Tax Act, 1961 — Insurance Claim and Sundry Receipts Held Not Directly Related to Business Profits, Rental Income Treated as Business Income, Retrenchment Compensation Held Revenue Expenditure.

18 Jun 2010

The case pertains to an appeal by the Revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal (...

High Court

Bombay High Court Upholds Tribunal's Finding of Export Sale Under Section 5(1) Central Sales Tax Act, 1956 — Sale Completed by Transfer of Documents After Goods Crossed Customs Frontiers. Letter Dated 16/7/1971 Did Not Alter Original Contract Terms; Sale Held in Course of Export.

18 Feb 2005

The case involves a sales tax reference under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the Commissioner of Sales Tax, Mahar...

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