Search Results for "Article 11(b)"

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Search Results for "Article 11(b)"

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High Court

High Court Allows Writ Petition for Refund of IGST on Ocean Freight -- Sets Aside Appellate Order Directing Limitation Verification -- Reliance on Precedents for Mistake of Law Refunds

16 Jan 2026

The petitioners imported fertilizers on CIF basis, paying IGST on ocean freight under reverse charge mechanism as per RCM Notification No.10/2017. Aft...

High Court

Bombay High Court Dismisses Challenge to SEBI Show Cause Notice in Reorganisation Case — Delay, Review, and Natural Justice Grounds Rejected. Court holds that show cause notice issued after 10 years is not per se barred by laches where allegations involve complex corporate restructuring and SEBI's earlier closure of complaints does not preclude fresh proceedings.

9 Dec 2024

The petitioners, including Nalwa Sons Investments Ltd and several individuals, challenged a show cause notice dated 20 August 2024 issued by the Secur...

High Court

Court Directs Cash Refund: Writ Petitions Grant Relief on CENVAT Credit. Judgement rules in favor of petitioners, mandates cash refund under Section 142(3) of CGST Act, 2017 for excess duty payments.

10 Jun 2024

Writ Petition Outcome captures the essence of the court's decision to grant relief based on the interpretation of Section 142(3) of the CGST Act, 2017...

Supreme Court

Supreme Court Dismisses Special Leave Petition in SEBI Adjudication Case on Document Disclosure. Petitioner's request for all documents relied upon in show cause notice denied as SEBI provided inspection and confidential documents were not relied upon in final order, upholding principles of natural justice under SEBI Act, 1992 and related rules.

14 Sep 2022

The Supreme Court of India heard a special leave petition filed by Kavi Arora against the Securities and Exchange Board of India (SEBI). The petition ...

Supreme Court

Supreme Court Allows Appellant in SEBI PFUTP Regulations Case Due to Non-Disclosure of Investigation Report. The Court Held That the Investigation Report Under Regulation 9 Must Be Disclosed to Ensure a Fair Hearing Under Principles of Natural Justice, as It Forms the Basis for the Show Cause Notice.

18 Feb 2022

The dispute arose from a show cause notice issued by SEBI to the appellant, alleging violations of the SEBI (Prohibition of Fraudulent and Unfair Trad...

Supreme Court

Supreme Court Allows Compounding Application in SEBI Act Case, Overturning Lower Court Decisions on Consent Requirement. Court Holds That Section 24A of Securities and Exchange Board of India Act, 1992 Does Not Mandate SEBI's Consent for Compounding, and Compounding Can Be Considered at Advanced Trial Stages Based on Factual Assessment.

23 Jul 2021

The dispute arose from a criminal prosecution under Section 24(1) of the Securities and Exchange Board of India Act, 1992, against the appellant, a di...

Supreme Court

Supreme Court Allows Appeal in Part, Sets Aside Rajya Sabha Election Due to Improper Reception of Vote by Disqualified MLA. Disqualification under Section 8(3) of Representation of People Act, 1951 takes effect from date of conviction, not from start of day, but vote cast before conviction is valid; however, improper reception of vote at counting renders election void.

17 Jan 2020

The case involves an appeal against the dismissal of an election petition challenging the election of Dhiraj Prasad Sahu to the Rajya Sabha from Jhark...

High Court

Bombay High Court Allows Cash Refund of CENVAT Credit Under Section 11B(2) Proviso (c) When Credit Cannot Be Utilized Due to Exempted Final Products. The court held that clause (c) to the proviso of section 11B(2) of the Central Excise Act, 1944 permits cash refund of credit on inputs where the assessee is unable to utilize such credit, overruling the contrary view in Commissioner of Central Excise vs. Jain Vanguard Polybutylene Ltd.

14 Jun 2019

The Full Bench of the Bombay High Court was constituted to resolve a conflict regarding the interpretation of clause (c) to the proviso of section 11B...

High Court

Bombay High Court Dismisses Petitioner's Rebate Claim as Time-Barred Under Section 11B of Central Excise Act — Export Date Determines Limitation Period, Filing of ARE-1 Not a Substitute for Rebate Claim.

29 Mar 2012

The petitioner, Everest Flavours Ltd., exported a consignment of 360 drums containing Menthol Crystals to Bangkok on 12 February 2006. The shipping bi...

High Court

Bombay High Court Allows Refund of Cess Paid Under Protest in Excise Matter — Unjust Enrichment Principle Not Applicable to Cess Under IDR Act. Section 11-B of Central Excise Act Held Inapplicable to Cess Collected Under Industries (Development and Regulation) Act, 1951, and Refund Directed with Interest.

26 Apr 2005

The petitioners, Shree Vidhya Paper Mills and Mr. Rameshwarlal Motilal, filed a writ petition in the Bombay High Court seeking refund of Rs. 10,19,246...

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