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High Court

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.

30 Jul 2024

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

High Court

Bombay High Court Dismisses Petition Challenging Rejection of DFIA Application for Maize Starch Powder Export. Court holds that the product 'Maize Starch Powder' is not covered under SION entry E75 which specifies 'Maize Starch', and the petitioner failed to comply with the requirement of submitting proof of export within the prescribed time limit under the Foreign Trade Policy 2015-20.

29 Mar 2019

The petitioner, Shah Nanji Nagsi Exports Pvt. Ltd., a company engaged in export business, filed a writ petition challenging the rejection of its appli...

High Court

Bombay High Court Allows Assessee's Reference in Section 80HHC Deduction Case - Interest Income from Sister Concerns Held Includible in Business Profits. The court ruled that interest income derived from the business of export and forming part of business profits must be included in computing the deduction under Section 80HHC of the Income Tax Act, 1961.

18 Sep 2012

The case involves a reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal (ITAT) to the Bombay High Court. ...

High Court

Bombay High Court Partially Allows Revenue's Appeal on Section 80IB Deduction for Export Incentives, Upholds Deduction for Exchange Rate Fluctuation. The Court held that duty drawback, export entitlement, and DEPB license are not profits derived from industrial undertaking under Section 80IB of the Income Tax Act, 1961, but exchange rate fluctuation on export proceeds is directly related to the sale transaction and eligible for deduction.

13 Jan 2010

The appeal by the Commissioner of Income Tax arose from the Income Tax Appellate Tribunal's order dated 14 October 2008 for assessment year 2002-2003....

High Court

High Court of Bombay at Goa Allows Tax Appeals of Assessee in Income Tax Matters — Disallowance of Expenditure on Technical Know-How and Interest on Delayed Payment of Sales Tax Set Aside. The court held that technical know-how fees for improvement of existing process is revenue expenditure and interest on delayed sales tax is compensatory, both allowable under Section 37(1) of the Income Tax Act, 1961.

30 Nov -0001

The judgment pertains to a batch of tax appeals filed by Goa Carbon Ltd. against orders of the Income Tax Appellate Tribunal (ITAT) for various assess...

High Court

Bombay High Court Allows Revenue's Appeal in Central Excise Case on CENVAT Credit Restriction for Inputs from 100% EOU. Rule 3(6)(a)(i) of CENVAT Credit Rules, 2002 restricts credit on inputs manufactured by a 100% EOU, and reversal under Rule 3(4) does not remove the restriction.

12 Apr 2019

The Commissioner of Central Excise, Raigad filed an appeal under Section 35G of the Central Excise Act, 1944 against the order of the Customs, Excise ...

High Court

Bombay High Court Quashes Customs Valuation Order for Violation of Natural Justice — Mandatory Disclosure of Doubts Under Rule 12 of Customs Valuation Rules, 2007 Not Complied With. The court held that the Deputy Commissioner's failure to disclose grounds for doubting declared value in related party import transactions vitiated the assessment order, and remanded the matter for fresh consideration.

10 May 2013

The petitioners, Forbo Siegling Movement Systems India Pvt. Ltd. and another, challenged an order dated 19 March 2013 passed by the Deputy Commissione...

High Court

Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Release of Goods Withheld by Warehousing Service Provider. Court directs release of goods upon payment of admitted storage charges, holding that a bailee cannot retain goods for disputed amounts beyond the contract.

23 Mar 2023

The Petitioner, Direct Logistics and Export Co. Ltd., a Hong Kong-based trading and logistics company, entered into a Service Agreement dated 21.06.20...

High Court

Bombay High Court Allows Writ Petitions Challenging Demand of VAT on Pan Masala Containing Tobacco under MVAT Act, 2002. Exemption Under Schedule Entry A-45 Upheld and Part Payment Orders Quashed as Explanation Inserted by Notification dated 21.01.2006 Held Ultra Vires.

4 Oct 2016

The dispute arose under the Maharashtra Value Added Tax Act, 2002 regarding the levy of VAT on pan masala containing tobacco (gutkha/mawa) for the fin...

Supreme Court

Supreme Court Allows Assessee's Appeal in Income Tax Deduction Case Under Section 80-IB for Duty Drawback and DEPB Receipts. Court Held That Duty Drawback and DEPB Receipts Are Profits Derived From Business Under Section 80-IB of Income Tax Act, 1961, as They Reimburse Manufacturing and Exporting Costs, Following Meghalaya Steels Limited and Topman Exports Precedents.

10 Apr 2023

The Supreme Court of India heard an appeal by an assessee, a partnership firm engaged in manufacturing and exporting wooden handicraft items, against ...

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