Search Results for "Section 35F"

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Search Results for "Section 35F"

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High Court

Bombay High Court Allows Appeal on Vested Right of Appeal in Central Excise Case — Amended Pre-deposit Requirement Not Applicable to Appeals Where Lis Arose Prior to Amendment. The court held that the right of appeal is a vested right and the amended Section 35F of the Central Excise Act, 1944, effective from 6 August 2014, cannot be applied retrospectively to fetter that right.

25 Jul 2016

The appellant, Nimbus Communications Limited, entered into an agreement and was subjected to a service tax demand. The appellant filed an appeal befor...

High Court

Bombay High Court Allows Appeal in Service Tax Case: No Time Limit for Stay Application Before Commissioner (Appeals) Under Finance Act, 1994. Tribunal erred in dismissing appeal solely on ground of delay in filing stay application when stay application was filed six months before hearing and waiver of predeposit was pleaded.

30 Apr 2019

The appellant, Siddesh Tours and Travels, a proprietorship firm engaged in renting out cars, had obtained service tax registration under the category ...

High Court

Bombay High Court Dismisses Petitioner's Writ Challenging Service Tax Demand and Section 35F Validity — Petitioner Relegated to Alternate Remedy of Appeal. Constitutional challenge to Section 35F of Central Excise Act, 1944 not entertained as validity already upheld; factual disputes remitted to appellate authority.

10 Jan 2019

The petitioner, Tyresoles India Pvt. Ltd., filed a writ petition challenging an order dated 14 October 2016 passed by the Commissioner of Central Exci...

High Court

Bombay High Court Allows Appeal Against Tribunal's Predeposit Order for Public Sector Undertaking in Central Excise Matter - Prima Facie Case and Financial Solvency Must Be Considered Under Section 35F of Central Excise Act, 1944. The Court held that a Public Sector Undertaking of substantial worth and solvency cannot be directed to predeposit 50% of duty without considering its prima facie case and ability to secure revenue by bond.

28 Jun 2011

The appellant, M/s. Rashtriya Chemicals & Fertilisers Ltd., a Public Sector Undertaking and Government Company under Section 617 of the Companies Act,...

High Court

Bombay High Court Allows Appeal in Central Excise Case on Interest Liability for Provisional Assessment. Section 11DD of Central Excise Act, 1944 not applicable to differential duty determined on finalization of provisional assessment under Rule 9B of Central Excise Rules, 1944.

7 Oct 2014

The appellant, Godrej Industries Limited, was engaged in the manufacture of Liquid Hair Dye during the period from September 1982 to March 1985. The d...

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

Bombay High Court Upholds Constitutional Validity of Section 129E Customs Act, 1962 Mandating Predeposit for Appeals. Challenge to Order-in-Original Dismissed as No Hearing Opportunity Was Denied.

19 Jun 2017

The petitioners, partners of M/s Bright International, challenged the constitutional validity of Section 129E of the Customs Act, 1962, as amended by ...

High Court

Bombay High Court Upholds Constitutional Validity of Section 129E Customs Act, 1962 Mandating Predeposit for Appeals. Challenge to Order-in-Original Dismissed as No Appeal Filed.

19 Jun 2017

The Bombay High Court disposed of two writ petitions filed by Haresh Nagindas Vora and Sachin Laxmichand Shah, partners of M/s Bright International, c...

High Court

Bombay High Court Allows Appeal Against Tribunal's Refusal to Stay Redemption Fine. Holds that Customs Tribunal Has Inherent Jurisdiction to Stay Redemption Fine Under Section 125 of Customs Act, 1962, as Section 129E Does Not Apply.

8 Dec 2017

The appellant, Mydream Properties Private Limited, imported a yacht and VSAT equipment, against which the Commissioner of Customs passed an order-in-o...

High Court

Bombay High Court Allows Appeal Against Tribunal's Predeposit Order in Central Excise Case — Prima Facie Case for Waiver Established. The court held that the Tribunal's direction to deposit Rs. 11.52 lakhs under Section 35F of the Central Excise Act, 1944 was unsustainable as the appellant had made out a strong prima facie case on the issue of suppression of facts and limitation.

26 Jul 2011

The appellant, Vinar Ispat Limited, was engaged in converting billets, blooms, and slabs purchased from various manufacturers on a job work basis into...

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