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Search Results for "CBEC office memorandum"

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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 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...

High Court

Bombay High Court Allows Writ Petition Challenging CBEC Office Memorandum on Cenvat Credit Reversal in DFIA Cases — Reversal of Credit with Interest Before Clearance of Export Goods Does Not Constitute Availment of Credit Under Paragraph 4.2.6 of Foreign Trade Policy 2009-2014.

23 Jul 2012

The petitioner, Steelco Gujarat Limited, a public limited company engaged in manufacturing, obtained a Duty Free Import Authorisation (DFIA) dated 29t...

Supreme Court

Supreme Court Upholds Promote Inspectors in Seniority Dispute Under Central Excise Recruitment Rules. Inter Se Seniority Must Be Fixed Based on 1959 and 1986 Office Memoranda with Quota Rule Compliance, Rejecting High Court's View on Vacancy Register Irrelevance.

15 Mar 2022

The dispute originated from seniority fixation among Inspectors of Central Excise, recruited through direct recruitment and promotion under the Centra...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Approval Under Section 35(1)(ii) of Income Tax Act for Medical Research Institute. The court held that the rejection was based on a narrow view that the institute must impart education or award degrees, whereas the section only requires the institution to be engaged in scientific research.

21 Nov 2015

The petitioner, Central India Institute of Medical Sciences, a society registered under the Societies Registration Act and a public charitable trust u...

Supreme Court

Supreme Court Allows Appeal in Excise Duty Exemption Case — NCCD, Education Cess and Secondary & Higher Education Cess Not Payable When Basic Excise Duty Exempted. Exemption Notification Under Section 5A of Central Excise Act, 1944 Covers NCCD as Duty of Excise, and Surcharges on Excise Duty Cannot Be Levied Without Substratum.

1 Mar 2019

The appeal arose from a dispute between Bajaj Auto Limited (appellant) and the Union of India (respondent) regarding the liability to pay National Cal...

Supreme Court

Supreme Court Allows Appeal in Part — NCCD Payable Despite Excise Duty Exemption, Education Cess and Secondary & Higher Education Cess Not Payable. The Court held that Education Cess and Secondary & Higher Education Cess, being surcharges on excise duty, cannot be levied when basic excise duty is exempted, but NCCD, being an independent duty of excise, is payable.

1 Mar 2019

The appeal arose from a dispute between Bajaj Auto Limited (the appellant) and the Union of India regarding the liability to pay National Calamity Con...

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