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Search Results for "Tobacco Products"

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Supreme Court

Supreme Court Upholds State Sales Tax on Pan Masala and Gutkha in Multiple Appeals. State Legislatures Empowered to Levy Sales Tax on These Goods Despite Central Excise Levies, as They Are Not Declared Goods Under Section 14(ix) of Central Sales Tax Act, 1956.

4 May 2023

The Supreme Court disposed of a batch of appeals arising from judgments of three High Courts concerning the taxability of pan masala and gutkha under ...

High Court

High Court of Karnataka Upholds Notification Levying Central Excise on Tobacco Products — Notification No.3/2019-Central Excise dated 06.07.2019 held valid and within powers under Section 5A of Central Excise Act, 1944. The court held that the government has the power to modify or withdraw exemptions in public interest and that promissory estoppel does not apply to legislative functions.

21 Sep 2022

The judgment pertains to a batch of writ petitions filed by manufacturers and dealers of tobacco and tobacco products, challenging Notification No.3/2...

High Court

Bombay High Court Grants Interim Relief to Pan Masala Manufacturers in Challenge to Maharashtra Gutka Ban — Petitioners Allowed to Continue Manufacturing Outside State Pending Final Hearing. Court Found Prima Facie Case and Balance of Convenience in Favour of Petitioners Under Food Safety and Standards Act, 2006.

15 Sep 2012

The petitioners, companies engaged in the manufacture, supply, and distribution of pan masala containing tobacco (gutka) and pan masala not containing...

High Court

Bombay High Court Upholds Ban on Gutka and Pan Masala Containing Tobacco or Nicotine Under Food Safety and Standards Act, 2006 — Manufacturers' Challenge Dismissed. The court held that the definition of 'food' under Section 3(1)(j) of the FSS Act includes substances for chewing, and that the ban on food products containing tobacco or nicotine is valid and not ultra vires.

30 Nov -0001

The petitioners, manufacturers and sellers of gutka and pan masala containing tobacco or nicotine, challenged the validity of the ban imposed by the C...

Supreme Court

Supreme Court Allows Union of India's Appeals in Excise Duty Exemption Withdrawal Case — Doctrine of Promissory Estoppel Cannot Bar Withdrawal of Exemption in Public Interest. Public Interest Overrides Individual Interest When Withdrawal of Tax Exemption Is Based on Health Hazards.

19 Sep 2019

The Supreme Court of India heard three civil appeals filed by the Union of India against judgments of the Sikkim High Court and the Gauhati High Court...

High Court

Bombay High Court Quashes FIR Against Petitioners in Food Adulteration Case — No Offence Made Out Under Food Safety and Standards Act, 2006. Sale of 'Mint' and 'Saunf' Products Not Prohibited Under Section 26(2)(i) of FSS Act, 2006 as They Are Not 'Food' as Defined.

13 Sep 2019

The petitioners, Anand Ramdhani Chaurasia and Vijay Banarasi Chaurasia, were engaged in the business of selling 'Mint' and 'Saunf' products. On 12th J...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction in Trademark and Copyright Infringement Suit Due to Suppression of Material Facts. Plaintiff's Conduct of Suppressing Prior User and Earlier Litigation Disentitles It to Equitable Relief Under Trade Marks Act, 1999 and Copyright Act, 1957.

29 Sep 2015

The suit was filed by ITC Limited against NTC Industries Ltd. for trademark and copyright infringement and passing off in relation to cigarettes and t...

Supreme Court

Supreme Court Refers Conflict on Taxability of Tobacco Products to Constitution Bench for Clarification on Precedent Doctrine. Dispute Involves Whether Pan Masala Containing Tobacco Covered Under Additional Duties of Excise Act, 1957 is Exempt from State Sales Tax Under Various State Enactments.

19 Sep 2022

The Supreme Court considered a batch of appeals concerning the taxability of pan masala containing tobacco and gutka under various State sales tax act...

High Court

Bombay High Court Dismisses Petitions Challenging Market Fee Levy on Tobacco Products Under APMC Act — Tobacco Products Held Not Exempt as 'Manufactured Product' Under Section 2(1)(a) of Bombay Agricultural Produce Markets Act, 1939. Processing of tobacco into chewing tobacco or gutka does not transform it into a manufactured product; market fee is leviable.

24 Apr 2006

The judgment concerns two writ petitions filed by companies and their shareholders challenging the levy of market fee on tobacco products under the Bo...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement, Passing Off, and Copyright Infringement Suit — Sopariwala Exports v. Kuber Khaini Private Limited. The court found deceptive similarity between the plaintiffs' registered trademark 'AFZAL' and defendants' label 'KUBER', and restrained defendants from using the impugned label.

9 Aug 2012

The plaintiffs, Sopariwala Exports (a partnership firm) and another company, are engaged in manufacturing and marketing tobacco under the trademark 'A...

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