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Bombay High Court Quashes Customs Confiscation Order for Used Haemodialysis Machines — Import Not Prohibited Under Hazardous Waste Rules. Used Medical Equipment Not Classifiable as 'Hazardous Waste' or 'Waste' Under Hazardous and Other Wastes (Management, Handling and Trans-Boundary Movement) Rules, 2016.

The petitioner, Hemant Surgical Industries Limited, is engaged in importing, manufacturing, and supplying medical equipment. Since 2008, it has import...

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High Court of Karnataka Quashes Quality Control Order on Plastic Imports for Lack of Public Consultation. Notification under Section 16 of the Bureau of Indian Standards Act, 2016 set aside as mandatory pre-legislative consultation under Section 16(2) was not complied with.

The petitioner, All India HDPE/PP Woven Fabric Manufacturers' Association, challenged a Quality Control Order issued by the Government of India on 15....

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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.

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

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Bombay High Court Dismisses Writ Petition Challenging MODVAT Credit Denial Under Rule 57C of Central Excise Rules, 1944. Inputs Used in Manufacture of Exempted Final Products Not Eligible for Credit.

The petitioners, Atlas Automotive Components Private Limited and another, filed a writ petition under Article 226 of the Constitution of India before ...

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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.

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...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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Bombay High Court Allows Writ Petition Challenging Octroi Levy on Goods Sent for Job Work Outside Municipal Limits. Goods sent for processing and returned as finished products are not liable to octroi under the Maharashtra Municipalities (Octroi) Rules, 1968.

The petitioners, Raymond Limited and Krishnamurthy Seetharaman, challenged a communication dated 5th November 1998 from the Thane Municipal Corporatio...