Search Results for "customs circulars"

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Search Results for "customs circulars"

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High Court

High Court Quashes Service Tax Show Cause Notice for Non-Compliance with Mandatory Pre-Show Cause Consultation. Show cause notice demanding service tax set aside as tax authorities failed to conduct mandatory pre-show cause consultation required under CBEC circulars issued under Section 37B of Central Excise Act, 1944, for demands above Rs.50 lakhs.

12 Mar 2026

The dispute arose from a writ petition filed by a company running non-air-conditioned rooftop restaurants challenging a show cause notice dated 30 Dec...

High Court

Bombay High Court Quashes Show Cause Notice and Personal Hearing Notice Due to Inordinate Delay in Adjudication — Customs Act, 1962 — Delay of 16 Years in Remand Proceedings Violates Principles of Natural Justice and Fundamental Right to Speedy Adjudication

11 Nov 2024

The petitioners, M/s. Esjaypee Impex Pvt. Ltd. and its Managing Director, challenged a show cause notice dated 24.09.2003 and a personal hearing notic...

High Court

Bombay High Court Allows Refund of IGST Paid on Exported Goods Despite Claim of Higher Drawback Rate. Petitioner entitled to refund of IGST under Section 16(3)(b) of IGST Act read with Section 54 of CGST Act and Rule 96 of CGST Rules, as selection of higher drawback column does not disentitle refund.

26 Aug 2024

The petitioner, Kunal Housewares Private Limited, exported stainless steel household articles in July, August, and September 2017. The petitioner paid...

High Court

Bombay High Court Allows Writ Petition Challenging Policy Circular on Export Obligation Discharge. Circular requiring actual use of imported materials for export obligation discharge under Advance Authorization Scheme held ultra vires the Foreign Trade Policy and the Foreign Trade (Development & Regulation) Act, 1992.

8 Feb 2022

The petitioner, Essar Shipping Limited, a company engaged in maritime transport services, challenged Policy Circular No.25 of 2007 dated 1st January, ...

High Court

Bombay High Court Allows Writ Petitions Challenging Cancellation of Advance Authorizations for Import of Areca Nuts — Violation of Principles of Natural Justice and Non-Application of Mind. Import of Areca Nuts under Advance Authorization Scheme for Export of Betel Nuts (Supari) Held Permissible Under Foreign Trade Policy 2015-2020.

24 Jul 2018

The petitioners, Taj Agro Commodities Pvt. Ltd., Shadi-Ram & Sons Pvt. Ltd., and Himatlal Hirji & Co., were granted advance authorizations under the F...

High Court

Bombay High Court Allows Writ Petitions Challenging Cancellation of Advance Authorizations Under Foreign Trade Policy — Violation of Natural Justice and Non-Application of Mind by DGFT. The court quashed cancellation orders and directed fresh hearing, holding that quasi-judicial authorities must follow principles of natural justice before revoking licenses under the Foreign Trade Policy.

13 Jul 2018

The judgment pertains to three writ petitions filed by Taj Agro Commodities Pvt. Ltd., Shadi-Ram & Sons Pvt. Ltd., and Himatlal Hirji & Co. challengin...

High Court

Bombay High Court Allows Withdrawal of Revenue Appeal in Service Tax Exemption Case Based on Policy Decision to Reduce Litigation. Department permitted to withdraw appeal against assessee's claim for exemption under Notification No. 13/2003-ST for sugarcane harvesting and transport services.

15 Jun 2017

The Commissioner of Customs, Central Excise & Service Tax, Nashik II Commissionerate filed an appeal under Section 35G of the Central Excise Act, 1944...

High Court

High Court Quashes Assessment Order and Trade Circular as Ultra Vires Section 6A of CST Act. Inter-State Job Work Movement Not Deemed Sale Under Section 6A Because It Does Not Cover Principal-to-Principal Transactions.

16 Feb 2016

The petitioner, a manufacturer and job worker, received spent catalyst from customers within and outside Maharashtra, processed it, and returned the r...

High Court

Bombay High Court Quashes CBEC Circular on Service Tax Refund for Exporters — Circular Held Ultra Vires Section 11B of Central Excise Act, 1944 and Section 93 of Finance Act, 1994.

1 Feb 2013

The Bombay High Court, in a batch of writ petitions filed by various companies including Larsen & Toubro Limited, Uhde India Private Limited, Tata Tel...

Supreme Court

Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

1 Jan 1970

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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