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Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

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Bombay High Court Examines Whether Bunker Fuel Sales to Vessels on High Seas Are Taxable Under Maharashtra VAT Act. Petitioners Challenged Assessment Orders and Recovery Notices Claiming Sales Occurred Outside State Territory and Were in Course of Export.

The dispute arose from assessment and recovery proceedings under the Maharashtra Value Added Tax Act, 2002 concerning sales of High Speed Diesel (HSD)...

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Bombay High Court Dismisses Petitioner's Rebate Claim as Time-Barred Under Section 11B of Central Excise Act — Export Date Determines Limitation Period, Filing of ARE-1 Not a Substitute for Rebate Claim.

The petitioner, Everest Flavours Ltd., exported a consignment of 360 drums containing Menthol Crystals to Bangkok on 12 February 2006. The shipping bi...

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Bombay High Court Dismisses Owner's Application to Vacate Arrest of Vessel in Bunker Supply Dispute. Maritime Lien for Bunkers Supplied to Bareboat Charterer Attaches to Vessel Irrespective of Ownership.

The plaintiff, Peninsula Petroleum Ltd., an Irish company, filed an admiralty suit claiming unpaid price for bunkers supplied to the vessel m.v. Geowa...

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Bombay High Court Quashes Import Restriction for Areca Nuts — Condition Requiring NOC from FSSAI Held Ultra Vires. Import Policy Condition Violates Article 19(1)(g) and Article 14 of Constitution as It Lacks Statutory Authority and Is Disproportionate.

The petitioner, Siddhi Vinayak, a partnership firm registered under the Indian Partnership Act, 1913, engaged in the import of areca nuts (commonly kn...

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Supreme Court Dismisses Manufacturer's Appeal in Rebate Claim Case Due to Limitation Under Section 11B of Central Excise Act. Rebate of duty on exports is governed by the limitation period prescribed under Section 11B, as 'refund' includes 'rebate' under Explanation (A) to that section.

The appellant, Sansera Engineering Limited, a manufacturer of excisable goods, exported goods between August 2015 and October 2015 and filed claims fo...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Demurrage Dispute. Charter Party Agreement's Demurrage Clause Upheld as Petitioner Failed to Prove Excepted Perils.

The petitioner, Steel Authority of India Limited (SAIL), challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, ...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Supreme Court Dismisses Revenue's Appeal in Central Excise Valuation Case Due to Incorrect Adoption of Highest Price. Valuation Must Be Based on Most Conservative Price Under Rule 6(b)(i) of Central Excise Rules, 1994, as Per Precedents on Normal Wholesale Cash Price.

The Supreme Court of India heard an appeal filed by the revenue against an order of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) dated...