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Search Results for "CESTAT powers"

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High Court

Bombay High Court Dismisses Petition Challenging Non-Appointment as CESTAT Member — Selection Committee Recommendation Not Binding on Appointing Authority. The court held that the petitioner had no right to appointment based solely on the recommendation of the Selection Committee, and the Appointments Committee of the Cabinet (A.C.C.) was entitled to withhold approval.

22 Aug 2006

The petitioner, Ramesh Motiram Ramchandani, a Commissioner (Appeals-I) in Customs & Central Excise, filed a Writ Petition before the Bombay High Court...

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...

High Court

High Court of Karnataka Allows Appeal Against Pre-Deposit Condition in Central Excise Remand Order — Condition of Rs.40 Lakhs Deposit Set Aside as Unwarranted. CESTAT Cannot Impose Pre-Deposit Condition While Remanding Matter for De Novo Adjudication Under Central Excise Act, 1944.

26 Feb 2015

The appellant, M/s Dhariwal Industries Limited, a manufacturer of Panmasala and Gutka registered under the Central Excise Act, 1944, was issued a show...

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

Bombay High Court Allows Department's Appeal, Holds CESTAT Has Power to Condon Delay Under Section 129A(5) of Customs Act, 1962. The Court Remanded the Matter for Consideration of Condonation of Delay on Merits, Ruling That Appeals Under Section 129D(3) Are Deemed Appeals Under Section 129A and Thus Subject to the Same Condonation Power.

13 Aug 2010

The Commissioner of Customs (Gen), Mumbai, filed an appeal before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) against an order of ...

High Court

Bombay High Court Adjudicates Central Excise Appeal on Service Tax Liability for Veterinary and Testing Services. Assessee Claims Exemption Under Notification No. 13/2003-ST for Commission Agent Services, While Revenue Alleges Taxable Business Auxiliary Services.

28 Aug 2023

The appeal was filed before the High Court of Judicature at Bombay under Section 83 of the Finance Act, 1994 read with Section 35G of the Central Exci...

High Court

High Court of Karnataka Dismisses Revenue Appeals in Central Excise Classification and Cenvat Credit Disputes. The court held that the definition of 'input service' under the Cenvat Credit Rules is broad and classification of goods must be based on predominant function and commercial understanding.

30 Jul 2014

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

High Court

Karnataka High Court Adjudicates Writ Petitions Challenging Mandatory Pre-Deposit under Section 35F of Central Excise Act, 1944. The court examined whether the mandatory deposit requirement violated Articles 14, 19(1)(g) and 265 of the Constitution of India.

7 Oct 2015

The High Court of Karnataka heard a batch of writ petitions filed by several assessees, including Hindustan Petroleum Corporation Ltd., Prestige Garde...

High Court

High Court of Bombay Adjudicates Writ Petition Challenging Constitutional Validity of Section 88 of Finance Act, 2004. Petitioner, a tyre manufacturer, contended that the cut-off date of 1 April 2000 for utilization of Additional Excise Duty credit is arbitrary and violates Article 14.

23 Dec 2014

The petitioners, CEAT Limited, engaged in the manufacture of tyres, filed a writ petition under Article 226 of the Constitution of India challenging t...

Supreme Court

Supreme Court Allows Revenue Appeal in CENVAT Credit Case — Works Contract Service Classification Upheld. CENVAT Credit on Input Services for Works Contract Held Inadmissible Under Rule 2(l) of CENVAT Credit Rules, 2004.

2 May 2023

The present appeal arises from a judgment of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) at Allahabad dated 09.11.2017, which allo...

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