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Bombay High Court Orders Return of Bank Guarantee Despite Pending Revenue Appeal — Penalty for Non-Compliance Imposed. Mere pendency of appeal is not a ground to withhold bank guarantee when no financial recovery is outstanding; department must return within reasonable time.

The petitioner, M/s. AVG Impex Pvt. Ltd., filed a writ petition before the Bombay High Court seeking the return of a bank guarantee furnished to the C...

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Bombay High Court Allows Writ Petition Challenging Classification of Plant Growth Promoters as Excisable Goods Under Central Excise Tariff Act, 1985. Products Containing NPK as Essential Constituent Classified as 'Other Fertilizers' Under Note 6 Chapter 3105, Attracting 1% Duty.

The petitioners, Dharti Agro Chemicals Pvt. Ltd. and its director, challenged an order dated 8 March 2017 passed by the Commissioner of Central Excise...

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High Court Considers Maintainability and Exemption Issue in Writ Petition Against Tax Demand on Alleged Non-Export Sale. Interprets Section 5(3) of CST Act Regarding Penultimate Sale Deemed Export.

The petitioner, a manufacturer of submarine navy batteries, challenged orders demanding sales tax under the Bombay Sales Tax Act, 1959 on the ground t...

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High Court Upholds Award Directing Absorption of Contract Workers as Permanent Employees. Tribunal's Finding of Sham Contract Upheld as Workers Were Directly Supervised and Paid by Principal Employer Under CLRA Act, 1970.

The Airports Authority of India (AAI), a statutory body, filed a writ petition under Article 226 of the Constitution challenging the Award dated 26 Ma...

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Supreme Court Allows Promotee Appeal in Seniority Dispute with Direct Recruits in Income Tax Department — Direct Recruits Not Entitled to Seniority from Vacancy Year When Recruitment Process Not Initiated in That Year.

The Supreme Court allowed the appeal filed by promotees (appellants) against the judgment of the Gujarat High Court which had quashed the seniority li...

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Bombay High Court Dismisses Revenue's Appeal in Central Excise Penalty Case — No Substantial Question of Law Arises. Tribunal's finding that penalty under Section 11AC of Central Excise Act, 1944 is not automatic and requires mens rea upheld.

The Commissioner of Central Excise filed an appeal under Section 35G of the Central Excise Act, 1944 against the order dated 29th October 2009 passed ...