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Search Results for "CESTAT appeal"

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High Court

High Court of Karnataka Dismisses Revenue's Appeal in Central Excise Case — No Substantial Question of Law Arises. CESTAT's finding that the assessee had reversed CENVAT credit before removal of inputs as waste and scrap was a pure finding of fact not open to challenge under Section 35G of the Central Excise Act, 1944.

25 Jul 2018

The Revenue (Commissioner of Central Excise & Service Tax) filed an appeal under Section 35G of the Central Excise Act, 1944 against the order of the ...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Central Excise Case — No Substantial Question of Law Arises. CESTAT's finding that the assessee had reversed CENVAT credit before removal of inputs as waste is a pure finding of fact not open to challenge under Section 35G of the Central Excise Act, 1944.

25 Jul 2018

The Revenue filed an appeal under Section 35G of the Central Excise Act, 1944 against the order of the Customs, Excise and Service Tax Appellate Tribu...

High Court

High Court of Karnataka Allows Appeal Against CESTAT Order in Service Tax Case — Limitation Bar Not Applicable. The court held that the Tribunal erred in dismissing the appeal on limitation grounds when the appeal was filed within the prescribed period under Section 85 of the Finance Act, 1994.

4 Jul 2016

The petitioner, M/s. Practice Strategic Communications India Private Limited, a company providing management services, was issued a show cause notice ...

High Court

Bombay High Court Dismisses Writ Petition Challenging CESTAT Order Rejecting Recall of Fraud Finding in CENVAT Credit Case. Court holds that CESTAT's finding of mis-statement and fraud was not a reviewable error and that the Tribunal had inherent power to impose costs for abuse of process.

25 Mar 2021

The petitioner, Essel Propack Limited, a company engaged in manufacturing plastic tubes, filed a writ petition under Article 226 of the Constitution o...

High Court

Bombay High Court Allows Appeal Against Tribunal's Stay Order in Cenvat Credit Dispute. Tribunal's Detailed Findings at Stay Stage Prejudge the Appeal and Are Impermissible.

4 Mar 2015

The appellant, CEAT Limited, filed an appeal before the Bombay High Court challenging an order dated 12th June 2014 passed by the Customs, Excise and ...

High Court

High Court Dismisses Revenue's Appeals for Lack of Jurisdiction Under Section 35-G of Central Excise Act, 1944. CESTAT Orders Not Appealable to High Court as They Do Not Involve Questions of Law.

23 Nov 2017

The Commissioner of Central Excise & Customs filed two appeals under Section 35-G of the Central Excise Act, 1944 against orders of the Customs, Excis...

High Court

Bombay High Court Sets Aside CESTAT Order for Lack of Reasons in Central Excise Refund Case — Remands to Tribunal for Fresh Adjudication. The Tribunal failed to record reasons while reversing the Commissioner's order, violating principles of natural justice under Section 35G of the Central Excise Act, 1944.

24 Aug 2010

The Commissioner of Central Excise filed an appeal under Section 35G of the Central Excise Act, 1944 against the order dated 21st September 2004 passe...

High Court

High Court of Karnataka Dismisses Revenue Appeals in Central Excise Classification Disputes — Cenvat Credit and Valuation Issues Decided. Classification of goods under Central Excise Tariff Act, 1985 and eligibility for Cenvat Credit under Cenvat Credit Rules, 2004 determined based on functional use and technical literature.

30 Jul 2014

The judgment involves multiple appeals filed by the Commissioner of Central Excise under Section 35G of the Central Excise Act, 1944, against orders o...

Supreme Court

Supreme Court Allows Revenue's Appeal, Holding That Appeal Against CESTAT Order on Exemption Notification Conditions Lies Before High Court Under Section 130 Customs Act. The dispute over unutilized duty-free imported materials after cessation of manufacturing does not involve determination of rate of duty or value of goods for assessment, thus High Court has jurisdiction.

1 Jul 2019

The case involves a dispute between the Commissioner of Customs, Bangalore-1 (appellant) and M/s Motorola India Ltd. (respondent) regarding the proper...

High Court

Bombay High Court Allows Appeal Against CESTAT Predeposit Order in Central Excise Valuation Dispute. The Court held that the Tribunal must consider prima facie case, balance of convenience, and financial hardship while deciding waiver of predeposit under Section 35F of the Central Excise Act, 1944.

1 Mar 2012

The appellant, Hyva (India) Private Limited, is engaged in body building on motor vehicle chassis supplied by Tata Motors Limited. Tata Motors clears ...

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