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Supreme Court

Supreme Court Allows Appeal in Part — NCCD Payable Despite Excise Duty Exemption, Education Cess and Secondary & Higher Education Cess Not Payable. The Court held that Education Cess and Secondary & Higher Education Cess, being surcharges on excise duty, cannot be levied when basic excise duty is exempted, but NCCD, being an independent duty of excise, is payable.

1 Mar 2019

The appeal arose from a dispute between Bajaj Auto Limited (the appellant) and the Union of India regarding the liability to pay National Calamity Con...

Supreme Court

Supreme Court Upholds Trader's Liability for Excise Duty on Job Work Fabrics Under Rule 12B of Central Excise Rules, 2002. The Court Held That the Trader Who Gets Fabrics Manufactured Through Job Workers Is Deemed Manufacturer and Liable for Duty, Not the Job Worker.

28 Feb 2019

The case involves appeals by Dinesh Textiles, a trader who got cotton fabrics and made-ups manufactured through job workers, against the order of the ...

Supreme Court

Supreme Court Allows Carrying Cost in Change in Law Claims Under PPA — Restitutionary Principle Upheld. Article 13.2 of Power Purchase Agreement Entitles Generating Company to Carrying Cost from Date of Change in Law Till Approval.

25 Feb 2019

The case involves appeals by Uttar Haryana Bijli Vitran Nigam Ltd. and Dakshin Haryana Bijli Vitran Nigam Ltd. (Haryana Discoms) and Gujarat Urja Vika...

Supreme Court

Supreme Court Dismisses Buyer's Refund Claim for Excise Duty Paid Under Protest by Manufacturer — Limitation Period Under Section 11B Applies Separately to Buyer. The right of the buyer to claim refund under Section 11B(2)(e) of the Central Excise Act, 1944 is distinct from that of the manufacturer, and the benefit of the second proviso (duty paid under protest) does not extend to the buyer.

20 Feb 2019

The case involves a batch of appeals by Western Coalfields Ltd. (the buyer) against the rejection of its refund claim for central excise duty paid by ...

Supreme Court

Supreme Court Dismisses Buyer's Refund Claim for Excise Duty Paid Under Protest by Manufacturer — Limitation Period Under Section 11B(1) Applies Separately to Buyer. The right of the buyer to claim refund under Section 11B(2)(e) is distinct from the manufacturer's right, and the benefit of the second proviso (waiver of limitation for duty paid under protest) does not extend to the buyer.

20 Feb 2019

The Supreme Court dismissed a batch of appeals filed by Western Coalfields Ltd. (the buyer) against the rejection of its refund claim for central exci...

Supreme Court

Supreme Court Dismisses Buyer's Refund Claim in Central Excise Duty Case — Limitation Period Applies Separately to Buyer. The Court held that the period of limitation of six months under Section 11B(1) of the Central Excise Act, 1944 applies to a buyer's refund claim even if the manufacturer paid duty under protest, as the rights of manufacturer and buyer are distinct.

20 Feb 2019

The case involves a batch of appeals by Western Coalfields Ltd. (the appellant/buyer) against the rejection of its refund claim for central excise dut...

Supreme Court

Supreme Court Dismisses Buyer's Refund Claim for Excise Duty Paid Under Protest by Manufacturer — Limitation Period Under Section 11B Applies Separately to Buyer. The Court held that the buyer's refund claim is time-barred as it was filed beyond six months from the date of purchase, and the manufacturer's protest does not extend the limitation for the buyer.

20 Feb 2019

The case involves a batch of appeals by Western Coalfields Ltd. (the buyer) against the rejection of its refund claim for central excise duty paid by ...

Supreme Court

Supreme Court Dismisses Buyer's Refund Claim for Central Excise Duty Paid Under Protest by Manufacturer — Limitation Period Under Section 11B Applies Separately to Buyer. The right of the buyer to claim refund under Section 11B(2)(e) of the Central Excise Act, 1944 is distinct from that of the manufacturer, and the benefit of the second proviso (duty paid under protest) does not extend to the buyer.

20 Feb 2019

The case involves a batch of appeals by Western Coalfields Ltd. (the buyer) against the rejection of its refund claim for central excise duty paid by ...

Supreme Court

Supreme Court Dismisses Appeal by Union of India Against Quashing of Show Cause Notices in Service Tax Classification Dispute. Transport Operators' Services Classified as 'Goods Transport Agency' Not 'Cargo Handling Service' Based on Binding CBEC Circulars.

15 Feb 2019

The case involves an appeal by the Union of India against a Gujarat High Court judgment quashing show cause notices issued to transport operators unde...

Supreme Court

Supreme Court Allows Appeal Against Rejection of CS-1 Licence for Country Spirit Manufacture. Holds That Participation in Tender Process Is Not a Pre-Condition for Grant of Licence Under Madhya Pradesh Excise Act and Rules.

15 Feb 2019

The appellant, Gwalior Distilleries Pvt. Ltd., is a manufacturer of spirits holding a D-1 licence granted in 2017. A tender notice was issued for supp...

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