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Search Results for "Customs appeal"

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High Court

High Court of Karnataka Quashes Appellate Order Denying GST Refund on Export of Services to Overseas Entity, Holds Non-Submission of FIRCs Not Fatal When Alternative Proof Exists. The Court Rules that Services Provided on Principal-to-Principal Basis Are Not Intermediary Services Under Section 2(13) of IGST Act, and Directs Refund.

22 Aug 2024

The petitioner, a company providing information technology and software services, filed four applications for refund of unutilized input tax credit (I...

High Court

Bombay High Court Dismisses Writ Petition Challenging Settlement Commission Order in Central Excise Duty Evasion Case. Petitioner, a 100% EOU, cleared goods to DTA without permission and duty payment, leading to demand of Rs. 33,96,718/-.

10 Aug 2010

The petitioner, M/s. Viva Herba Pvt. Ltd., a 100% Export Oriented Unit (EOU) engaged in manufacturing vegetable extracts, filed a writ petition under ...

High Court

High Court of Karnataka Dismisses Writ Petition in GST Exemption Case Due to Non-Compliance with Notification Conditions. Supply of HDPE Drums to Chemical Manufacturer Does Not Qualify for Concessional Rate Under Notification No.41/2017-IT(Rate) as Goods Were Not Moved Directly to Registered Recipient or Warehouse as Required.

11 Mar 2026

The petitioner, a manufacturer of packaging materials including HDPE drums, filed a writ petition under Article 226 of the Constitution of India befor...

High Court

Bombay High Court Dismisses Vessel Owner's Application for Release of Arrested Vessel Due to Repeated Breach of Undertakings and Contempt of Court. Auction Purchaser's Application for Confirmation of Sale Allowed as Vessel Owners Failed to Furnish Security in Time.

24 Mar 2021

The case involves a commercial admiralty suit filed by GAC Shipping (India) Pvt Ltd & Anr against MV Golden Pride & Ors. The vessel was arrested. The ...

High Court

Bombay High Court Allows Writ Petition Challenging Denial of Duty Credit Under Target Plus Scheme — Export House Entitled to Benefit Despite Non-Specification of Input-Output Norms. The court held that the Target Plus Scheme does not require the exported product to be covered by Standard Input-Output Norms (SION) and the denial was arbitrary.

14 Jun 2011

The petitioner, M/s. Essel Mining & Industries Ltd., an Export House recognized by the Director General of Foreign Trade, engaged in the manufacture o...

High Court

Bombay High Court Quashes Preventive Detention Orders in Red Sanders Smuggling Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider whether bail conditions or other measures would suffice.

28 Jun 2013

The Bombay High Court allowed two habeas corpus petitions challenging preventive detention orders dated 21 February 2013 issued under Section 3(1) of ...

High Court

High Court of Bombay Dismisses Revenue's Appeal in CENVAT Credit Case for Mobile Phone Services. Circular Restricting Credit Held Not Binding as Statutory Rules Allow Credit for Input Services Used in Relation to Business.

27 Sep 2010

The Commissioner of Central Excise, Nagpur, appealed against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) which allowe...

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 Allows Appeal on Vested Right of Appeal in Central Excise Case — Amended Pre-deposit Requirement Not Applicable to Appeals Where Lis Arose Prior to Amendment. The court held that the right of appeal is a vested right and the amended Section 35F of the Central Excise Act, 1944, effective from 6 August 2014, cannot be applied retrospectively to fetter that right.

25 Jul 2016

The appellant, Nimbus Communications Limited, entered into an agreement and was subjected to a service tax demand. The appellant filed an appeal befor...

High Court

Bombay High Court Allows Writ Petitions Challenging Reopening of Assessments Under Section 147 of Income Tax Act, 1961 — Reopening Based on Change of Opinion and Non-Disclosure of Material Facts Held Invalid. The court held that reassessment notices issued without tangible material and based on a change of opinion are invalid, and that the assessee's failure to disclose primary facts is a prerequisite for invoking the proviso to Section 147.

19 Jan 2024

The judgment pertains to two writ petitions filed by corporate assessees challenging the reopening of their income tax assessments for the assessment ...

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