Search Results for "CBEC circular"

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Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Search Results for "CBEC circular"

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Supreme Court

Supreme Court Allows Appeal in Duty Drawback Case — Holds Clarificatory Circular Retrospective. Circular No. 35/2010-Cus. dated 17.09.2010, being clarificatory and benevolent, applies retrospectively to exports made prior to its effective date, and the customs component of AIR duty drawback is available even if excise rebate availed.

1 Jan 2025

The appellant, M/s Suraj Impex (India) Pvt. Ltd., a merchant exporter of Soyabean Meal, claimed All Industry Rate (AIR) duty drawback at 1% under Cust...

Supreme Court

Supreme Court Upholds Withdrawal of Inter-Commissionerate Transfers for Inspectors Under Recruitment Rules 2016. Recruitment Rules Made Under Article 309 of the Constitution Prevail Over Executive Instructions, and ICTs Are Not Permissible as They Violate Separate Cadre Identity Under Rule 5.

10 Mar 2022

The dispute arose from a batch of civil appeals filed by Inspectors of the Central Excise and Land Customs or Goods and Services Tax Administration, w...

High Court

Bombay High Court Allows Writ Petition Challenging CBEC Circular on Brand Rate of Drawback. Court holds that an exporter can claim Brand Rate of drawback under Rule 7 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 even after availing All Industry Rate under Rule 3.

1 Sep 2014

The petitioner, Alfa Laval (India) Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging a Circular dated 30th Decemb...

High Court

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.

29 Aug 2018

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

High Court

Bombay High Court at Goa Quashes Corruption Case Against Customs Officers for Lack of Valid Sanction. Prosecution under Prevention of Corruption Act, 1988 and Indian Penal Code, 1860 fails as prior sanction under Section 197 CrPC and Section 19 of PC Act was mandatory for acts done in discharge of official duty.

29 Aug 2012

The petitioners, nine customs officers, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 and Article 226 of the Constitution...

Supreme Court

Supreme Court Allows Revenue Appeal in Central Excise Valuation Case — Related Party Transactions Must Be Valued Under Rule 11 CEVR Read with Section 4(1)(b) of Central Excise Act, 1944. Circular dated 01.07.2002 Clarifying Valuation Method for Mixed Sales to Related and Unrelated Parties Is Binding and Correctly Applied by Revenue.

5 Dec 2022

The present Civil Appeal arises from an order dated 30.11.2017 passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chandigarh, ...

Supreme Court

Supreme Court Dismisses Appeal by Union of India Against Quashing of Show Cause Notices in Service Tax Classification Dispute. Transport Operators' Services Classified as 'Goods Transport Agency' Not 'Cargo Handling Service' Based on Binding CBEC Circulars.

15 Feb 2019

The case involves an appeal by the Union of India against a Gujarat High Court judgment quashing show cause notices issued to transport operators unde...

High Court

High Court of Bombay at Nagpur Quashes Service Tax Assessment Order Against Builder Due to Violation of Natural Justice and CBEC Circulars. Assessment order set aside and matter remanded for fresh adjudication after affording opportunity of hearing.

11 Feb 2015

The petitioner, M/s Maharaja Developers, a partnership firm engaged in construction business, challenged an assessment order dated 23/24 October 2008 ...

High Court

Bombay High Court Quashes CBEC Circular on Service Tax Refund for Exporters — Circular Held Ultra Vires Section 11B of Central Excise Act, 1944 and Section 93 of Finance Act, 1994.

1 Feb 2013

The Bombay High Court, in a batch of writ petitions filed by various companies including Larsen & Toubro Limited, Uhde India Private Limited, Tata Tel...

High Court

High Court Quashes Service Tax Show Cause Notice for Non-Compliance with Mandatory Pre-Show Cause Consultation. Show cause notice demanding service tax set aside as tax authorities failed to conduct mandatory pre-show cause consultation required under CBEC circulars issued under Section 37B of Central Excise Act, 1944, for demands above Rs.50 lakhs.

12 Mar 2026

The dispute arose from a writ petition filed by a company running non-air-conditioned rooftop restaurants challenging a show cause notice dated 30 Dec...

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