Search Results for "unutilized credit"

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Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "unutilized credit"

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High Court

Bombay High Court Allows Writ Petition Challenging GST Cancellation Due to Violation of Natural Justice. Registration Cancelled Without Proper Notice and Opportunity of Hearing, Set Aside with Restoration.

30 Nov -0001

The petitioner, Rawman Metal & Alloys, a proprietorship concern, filed a writ petition under Article 226 of the Constitution of India challenging the ...

High Court

Bombay High Court Allows Cash Refund of CENVAT Credit Under Section 11B(2) Proviso (c) When Credit Cannot Be Utilized Due to Exempted Final Products. The court held that clause (c) to the proviso of section 11B(2) of the Central Excise Act, 1944 permits cash refund of credit on inputs where the assessee is unable to utilize such credit, overruling the contrary view in Commissioner of Central Excise vs. Jain Vanguard Polybutylene Ltd.

14 Jun 2019

The Full Bench of the Bombay High Court was constituted to resolve a conflict regarding the interpretation of clause (c) to the proviso of section 11B...

Supreme Court

Supreme Court Dismisses State's Appeal in Leave Encashment Case for Re-employed Government Servant. Re-employed Employee Entitled to Second Leave Encashment Under Rule 36 of Sikkim Government Services (Leave) Rules, 1982, as Rule 32 Creates Legal Fiction Treating Re-employment as Fresh Service Entry.

23 Apr 2025

The dispute originated from the State of Sikkim's appeal against High Court orders that granted leave encashment benefits to a re-employed government ...

High Court

Bombay High Court Dismisses Revenue's Petition in Central Excise Rebate Case — By-Product Export Rebate Allowed. Input Credit Adjustment Permitted Under CENVAT Credit Rules, 2004 for Duty Paid on Inputs Used in Manufacture of Final Product, Even if By-Product is Not Manufactured.

6 Apr 2011

The Union of India, through the Commissioner of Central Excise, Raigad, filed a writ petition challenging an order of the Joint Secretary (Revision Ap...

Supreme Court

Supreme Court Upholds High Court's Decision Allowing Rectification of GST Returns in Error Period. The Court affirmed that circulars restricting rectification of Form GSTR-3B to net basis adjustments are inconsistent with GST laws and that rectification must be permitted in the period of error occurrence under the Central Goods and Services Tax Act, 2017.

28 Oct 2021

The appeal arose from a judgment of the High Court of Delhi dated 05.05.2020 in W.P. (C) No. 6345 of 2018, which allowed a writ petition filed by Bhar...

Supreme Court

Supreme Court Allows Union of India's Application for Transfer of Funds from Sahara-SEBI Refund Account to Benefit Depositors of Cooperative Societies. Court Directs Transfer of Rs. 5,000 Crores to Central Registrar of Cooperative Societies for Disbursement to Genuine Depositors Under Judicial Supervision, Finding the Prayer Reasonable and in Larger Public Interest.

29 Mar 2023

The Supreme Court considered an application filed by the Union of India, Ministry of Corporation, seeking directions to transfer Rs. 5,000 Crores from...

High Court

High Court Quashes GST Appellate Order Against Indian Oil Corporation for Violation of Natural Justice — Pre-deposit Requirement Set Aside. Failure to Provide Personal Hearing and Reasoned Order Renders Appellate Order Unsustainable Under Section 107(11) of CGST Act, 2017.

20 Aug 2024

The petitioner, M/s Indian Oil Corporation Ltd., a public sector undertaking engaged in storage and supply of petroleum products, filed a writ petitio...

High Court

Bombay High Court Allows Refund of Accumulated Input Tax Credit Under Inverted Duty Structure in GST — Rejection by Authorities Set Aside. Held that refund of unutilized ITC is admissible under Section 54(3)(ii) of the CGST Act, 2017 even when output supply is partially exempt, and that the formula under Rule 89(5) of the CGST Rules, 2017 must be applied correctly.

23 Apr 2026

The petitioner, CHEC-TPL Line 4 Joint Venture, a joint venture between TATA Projects Limited and another entity, was engaged in the construction of a ...

High Court

Bombay High Court Allows Appeals in Central Excise Classification Dispute — M/s. Tien Yuan India Pvt. Ltd. v. Commissioner of Central Excise. Classification of plastic components under Chapter 39 of Central Excise Tariff Act, 1985 upheld over Chapter 84.

30 Nov -0001

The appellant, M/s. Tien Yuan India Pvt. Ltd., was engaged in the manufacture of plastic components used in textile machinery. The Commissioner of Cen...

High Court

Bombay High Court Allows Petitioner in MVAT Refund Case — Entitled to Refund of Unutilized CENVAT Credit Under Rule 52A of MVAT Rules. Court directs State to process refund within four weeks.

22 Jun 2018

The petitioner, CEAT Ltd., filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a refund of unuti...

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