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Search Results for "excise licence"

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Supreme Court

Supreme Court Allows Revenue's Appeal in Central Excise Case on Limitation Issue - Extended Period Invoked for Differential Duty Demand Based on Transfer of Advance Licenses. The Court remanded the matter to CESTAT for fresh consideration on whether the assessee's bonafide belief based on a Tribunal decision later reversed by the Supreme Court precludes invocation of extended period under Section 11A(1) proviso of Central Excise Act, 1944.

4 Jul 2023

The present appeals were filed by the Commissioner of Central Excise and Customs against the order of the Customs, Excise & Service Tax Appellate Trib...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Medical Shop Employees in NDPS Case — No Prima Facie Case of Conscious Possession. Petitioners, being employees of a medical store, were not in conscious possession of contraband found in a vehicle driven by another accused, and their mere presence at the scene does not attract Section 20(b)(ii)(B) of the NDPS Act, 1985.

16 Jun 2023

The petitioners, accused Nos. 2, 3, and 4, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash...

Supreme Court

Supreme Court Upholds Conviction Under NDPS Act for Illegal Transport of Poppy Straw Despite Licence. Breach of Licence Conditions Attracts Section 15(c) for Commercial Quantity, Not Section 26.

1 May 2019

The appellant, Gangaram, was the driver of a truck carrying 10 bags of poppy straw weighing 415 kg. He was intercepted by Head Constable Shivshankar o...

High Court

Bombay High Court Quashes Suspension of Excise Bar Licence for Violation of Natural Justice — Order Passed Without Hearing Despite Adjournment Granted. Commissioner of Excise Cannot Suspend Licence Without Hearing After Granting Adjournment for That Purpose Under Article 226 of Constitution of India.

6 Feb 2018

The petitioner, Gregory Daniel B. Shah, an Overseas Citizen of India holding an excise bar licence in Goa, challenged an order dated 2nd February 2018...

High Court

Bombay High Court Quashes Show Cause Notice and Order in Central Excise Classification Dispute — Stators and Rotors of Hermetic Motors Classifiable as Parts of Electric Motors, Not Compressors. Approved Classification Lists Cannot Be Reopened Without Fresh Material Under Central Excise and Salt Act, 1944.

23 Jan 2017

The petitioner, Godrej & Boyce Manufacturing Co. Ltd., a company incorporated under the Indian Companies Act, 1956, challenged a show cause notice dat...

High Court

Bombay High Court Allows Petitions Challenging Cancellation of FL-3 Licenses for Non-Payment of License Fees — Held that License Fee is Not a Tax and Arrears Cannot Be Recovered Under the Maharashtra Land Revenue Code. The court quashed cancellation orders and directed restoration of licenses, ruling that recovery of license fee arrears must follow the procedure under the Bombay Prohibition Act, 1949 and not the Maharashtra Land Revenue Code, 1966.

28 Nov 2016

The petitioners, holders of FL-3 licenses for retail sale of foreign liquor, challenged the cancellation of their licenses by the State Excise authori...

High Court

Bombay High Court Allows Appeal on Vested Right of Appeal in Central Excise Case — Amended Pre-deposit Requirement Not Applicable to Appeals Where Lis Arose Prior to Amendment. The court held that the right of appeal is a vested right and the amended Section 35F of the Central Excise Act, 1944, effective from 6 August 2014, cannot be applied retrospectively to fetter that right.

25 Jul 2016

The appellant, Nimbus Communications Limited, entered into an agreement and was subjected to a service tax demand. The appellant filed an appeal befor...

High Court

Bombay High Court Dismisses Appeal of Competing Kerosene Dealer for Lack of Locus Standi. Mere Competitor Not a Person Aggrieved Under Articles 226 and 227 of the Constitution of India.

1 Oct 2012

The appellant, Rajendra Agrawal, a semi-wholesale kerosene dealer in Murtizapur, filed a Letters Patent Appeal against the order of a Single Judge dis...

High Court

Bombay High Court Dismisses Petition Challenging Closure Order for Country Liquor Shop Under Section 142(1) of Bombay Prohibition Act, 1949. Licence for Sale of Country Liquor is Not a Fundamental Right and Must Yield to Public Interest.

13 Feb 2012

The petitioner, Satish Damodhar Kasar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Ben...

High Court

Bombay High Court Upholds Levy of Additional Excise Duty on Imported Foreign Liquor in Excise Law Challenge. Court holds that additional excise duty under Section 24 of Bombay Prohibition Act, 1949 is valid and within State's legislative competence under Entry 51 List II.

30 Nov -0001

The judgment concerns a batch of writ petitions filed by various associations and companies dealing in liquor, challenging the levy of additional exci...

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