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Search Results for "CESTAT appeal"

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High Court

High Court of Bombay Dismisses Revenue's Appeal in CENVAT Credit Case for Mobile Phone Services. Circular Restricting Credit Held Not Binding as Statutory Rules Allow Credit for Input Services Used in Relation to Business.

27 Sep 2010

The Commissioner of Central Excise, Nagpur, appealed against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) which allowe...

High Court

Bombay High Court Allows Appeal in Service Tax Case: No Time Limit for Stay Application Before Commissioner (Appeals) Under Finance Act, 1994. Tribunal erred in dismissing appeal solely on ground of delay in filing stay application when stay application was filed six months before hearing and waiver of predeposit was pleaded.

30 Apr 2019

The appellant, Siddesh Tours and Travels, a proprietorship firm engaged in renting out cars, had obtained service tax registration under the category ...

High Court

Bombay High Court Allows Appeal in Cenvat Credit Interest Dispute — Reversal Without Utilization Does Not Attract Interest. Rule 14 of Cenvat Credit Rules, 2004 interpreted to require actual utilization for interest liability.

25 Mar 2019

The appellant, Cipla Limited, a manufacturer of medicaments, was engaged in the manufacture of medicaments containing ethanol (alcohol) which fell out...

High Court

Bombay High Court Allows Appeal Against CESTAT Order Directing Pre-Deposit of 50% of Service Tax Demand, Holding That Prima Facie Case of Statutory Board Not Carrying on Business Raises Serious Triable Issue. The Court admitted the appeal on the substantial question of law whether the Tribunal was justified in rejecting the application for complete waiver of pre-deposit, considering that the Appellant, a statutory Board, does not fall within the purview of Section 65(94) of the Finance Act, 1994.

21 Sep 2011

The Security Guards Board for Greater Mumbai and Thane District, a statutory authority constituted under Section 6 of the Maharashtra Private Security...

High Court

High Court of Bombay at Goa Allows Revenue's Appeal in Modvat Credit Case — Capital Goods Used for Exempted Job Work Not Eligible for Credit Under Rule 57Q of Central Excise Rules, 1944. The court held that the use of capital goods for processing exempted goods on job work basis disentitles the assessee from Modvat credit, reversing the CESTAT order.

18 Feb 2013

The Commissioner of Central Excise appealed against the CESTAT order which had confirmed the Commissioner (Appeals) order setting aside the Deputy Com...

High Court

Bombay High Court Allows Appeal Against Tribunal's Refusal to Stay Redemption Fine. Holds that Customs Tribunal Has Inherent Jurisdiction to Stay Redemption Fine Under Section 125 of Customs Act, 1962, as Section 129E Does Not Apply.

8 Dec 2017

The appellant, Mydream Properties Private Limited, imported a yacht and VSAT equipment, against which the Commissioner of Customs passed an order-in-o...

High Court

Bombay High Court Upholds Constitutional Validity of Section 129E Customs Act, 1962 Mandating Predeposit for Appeals. Challenge to Order-in-Original Dismissed as No Appeal Filed.

19 Jun 2017

The Bombay High Court disposed of two writ petitions filed by Haresh Nagindas Vora and Sachin Laxmichand Shah, partners of M/s Bright International, c...

High Court

Bombay High Court Allows Cenvat Credit Appeals in Central Excise Case — Extended Limitation Period Not Invokable Without Suppression of Facts. Credit Denial Unsustainable When Simultaneously Available to Other Factories Under Cenvat Credit Rules, 2002.

24 Jan 2018

The case involves four appeals filed under Section 35G of the Central Excise Act, 1944 by M/s. Sanvijay Rolling & Engineering Ltd. and Sanjay P. Agarw...

High Court

High Court of Bombay Dismisses Customs Appeal in Customs Broker Licensing Case — First Breach Considered Mitigating Factor. The court upheld the CESTAT order reducing penalty for Mahavir Logistics, a customs broker, on the ground that it was the first breach under the Customs Brokers Licensing Regulations, 2013.

7 Dec 2022

The Principal Commissioner of Customs (General) appealed against an order of the Customs Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai, w...

High Court

High Court of Karnataka Allows Appeal of Commissioner of Customs & Service Tax in Customs Broker Licence Renewal Case — Non-Compliance with Regulation 5 of Customs Brokers Licensing Regulations, 2013 Justifies Rejection of Renewal Application. The Court held that the Commissioner is entitled to seek information under Regulation 5 and the applicant must comply; failure to furnish information sought justifies rejection of the renewal application.

24 Jun 2015

The appeal was filed by the Commissioner of Customs & Service Tax against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT)...

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