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Bombay High Court Dismisses Appeal in Customs Case — Conversion of Shipping Bill from DEEC to Drawback Scheme Denied. CBEC Circular No. 4/2004 requires prior denial of DEEC benefit by DGFT or Customs; mere inability to utilize advance license does not qualify.

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...

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Bombay High Court Dismisses Appeal in Customs Case — Conversion of DEEC Shipping Bill to Drawback Scheme Denied. CBEC Circular No. 4/2004 Mandates Prior Denial of DEEC Benefit by DGFT or Customs Authorities, Which Was Not Established.

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...

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Bombay High Court Allows Appeal in Central Excise Duty Dispute on Intermediate Product Marketability. Court holds that CESTAT failed to consider relevant evidence regarding marketability of loosely assembled fibre web used captively for manufacture of exempted jute carpets.

The appellant, M/s Hitkari Hitech Fibres Pvt. Ltd., is a manufacturer of products under Chapters 56 and 57 of the Central Excise Tariff Act, 1985. The...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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Bombay High Court Allows Writ Petition Challenging Settlement Commission's Order on Maintainability of Settlement Application Under Section 32E of Central Excise Act, 1944 — Holds That Order of Adjudication Is Made on Date of Dispatch, Not Date of Signing

The petitioner, M/s. Vishnu Steels, a manufacturer of excisable goods, challenged an order of the Settlement Commission dismissing its application und...

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Bombay High Court Allows Revenue Appeal in Central Excise Case — Interest Under Section 11AB Cannot Be Waived. Mandatory Interest Provision Requires Payment of Interest on Delayed Duty Even if Penalty Is Waived.

The case involves an appeal by the Revenue (Commissioner of Central Excise and Customs) against an order of the Customs, Excise & Service Tax Appellat...

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Bombay High Court Dismisses Revenue's Appeal in CENVAT Credit Case for Outdoor Catering Services. Outdoor Catering Service Provided to Factory Employees Held as Input Service Under Rule 2(l) of Cenvat Credit Rules, 2004 Due to Statutory Obligation Under Factories Act, 1948.

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

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Bombay High Court Dismisses Writ Petition Challenging Extended Period Demand Under Section 11A of Central Excise Act — Suppression of Facts Justifies Extended Limitation. Forgings Classified Under Chapter 84 as Machinery Parts, Not Eligible for Exemption Under Notification No.223/88.

The Bombay High Court dismissed a writ petition filed by M/s Rajkumar Forge Limited and its director challenging orders of the Commissioner of Central...