‘High Courts not custodian of revenue': SC stays Bombay HC order blocking Rs 256 crore refund to firm
High courts are not the "custodian" of the
revenue department
, the
Supreme Court
has said while dealing with a petition challenging a
Bombay High Court
order that stayed a tribunal's direction for a refund of Rs 256.45 crore to a firm.
A bench of Justices Ujjal Bhuyan and Manmohan observed that prima facie, the high court could not have stayed the order after holding that the appeal filed by the Commissioner of
CGST
and Central Excise, Belapur Commissionerate, was not maintainable.
"A high court is not the custodian of the revenue," the apex court, which stayed the high court's June 12 order, observed.
by Taboola
by Taboola
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
Play War Thunder now for free
War Thunder
Play Now
Undo
"Prima facie, the high court could not have passed the order of stay after holding the appeal to be not maintainable and after recording that the writ petition and the appeal are disposed of as not pressed," the bench said in its order passed on June 20.
The top court passed the order while hearing a plea filed by the firm, challenging the high court order.
Live Events
The bench noted that the high court had disposed of a writ petition as well as an appeal filed by the revenue department.
It also noted that the appeal was filed under section 35G of the
Central Excise Act
, 1944 against a January 2025 order of the Customs, Excise and Service Tax Appellate Tribunal (
CESTAT
) in Mumbai that allowed the Service-Tax appeal of the firm.
The apex court said subsequently, the company filed an application for the release of the amount, which was allowed in May.
It noted that the high court had recorded in its June 12 order that both the petition and the appeal were "disposed of as not pressed with liberty to the respondent to prefer appeal before the Supreme Court, the high court has stayed the direction of CESTAT for refund for a period of eight weeks".
The bench issued a notice to the revenue department, seeking its response within six weeks on the firm's plea challenging the high court order.
"In the meanwhile, impugned order of the high court dated June 12, 2025 shall remain stayed," the bench said.
"This order shall, however, not preclude the respondent from filing appeal before this court under section 35L of the Central Excise Act, 1944, if not already filed, which shall be decided on its own merits and/or limitation," the bench said and posted the matter for further hearing on July 2.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
an hour ago
- Time of India
McDonald's boycott June 24: Who's behind it, why it's happening, and how long it will last
McDonald 's is about to face a boycott soon. McDonald's is facing criticism as The People's Union USA calls for a nationwide boycott from June 24. The People's Union USA is encouraging Americans to boycott the Golden Arches as part of its ongoing " Economic Resistance " campaign. McDonald's is expected to become the latest company to be boycotted by a group that supports "economic resistance" as a strategy for achieving corporate accountability and "real justice for the working class,' as per a report by Newsweek. As part of its ongoing "Economic Blackout Tour," the group that started the Target and Walmart boycotts, The People's Union USA, is encouraging Americans to reconsider where and how they spend. Play Video Pause Skip Backward Skip Forward Unmute Current Time 0:00 / Duration 0:00 Loaded : 0% 0:00 Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 1x Playback Rate Chapters Chapters Descriptions descriptions off , selected Captions captions settings , opens captions settings dialog captions off , selected Audio Track default , selected Picture-in-Picture Fullscreen This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Opacity Opaque Semi-Transparent Text Background Color Black White Red Green Blue Yellow Magenta Cyan Opacity Opaque Semi-Transparent Transparent Caption Area Background Color Black White Red Green Blue Yellow Magenta Cyan Opacity Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Drop shadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Play War Thunder now for free War Thunder Play Now Undo Who is behind the boycott movement? The People's Union USA, is asking Americans not to shop at the restaurant chain from June 24 to June 30. The People's Union USA calls for a nationwide boycott, citing low wages, tax avoidance, and corporate accountability. Their goal is to encourage large corporations to treat employees fairly and pay their taxes. Live Events The boycotts are spearheaded by The People's Union USA, which is characterized on its website as "a grassroots movement dedicated to economic resistance, corporate accountability, and genuine justice for the working class." Since February, the group has organized boycotts against Amazon, Walmart, and Target, alongside intermittent "economic blackouts," during which it advocates for Americans to "eschew shopping, streaming, online orders, fast food, and all intermediaries" and to exclusively patronize small, local companies, as per a report by Newsweek. ALSO READ: CNN staff in panic as they brace for shake-up under new boss amid spinoff rumors and budget cuts The McDonald's boycott has garnered less attention compared to the efforts against Walmart, Amazon, and Target, the latter of which The People's Union USA's founder, John Schwarz asserted should endure a "permanent boycott" to experience "the full power of the people." Why is McDonald's being targeted? The pro-Palestinian Boycott, Divestment, Sanctions (BDS) movement has been waging a boycott against McDonald's since late 2023 on the grounds that it was complicit in the Israeli military's actions in the Gaza Strip. Earlier this year, The People's Union USA disseminated a list of principal issues regarding each targeted corporation on its website, primarily focused on tax evasion, labor conditions, and overarching monopolistic practices. McDonald's was listed for "tax avoidance and known lobbying against wage increases," concerns that have garnered substantial criticism and legal repercussions for the firm in recent years. Target, Walmart, and Amazon are all suffering the effects of economic resistance, according to John Schwarz, founder of The People's Union USA. "To lessen the burden on American workers, my friends, we are fighting for big businesses to finally pay their due share of federal income taxes," he stated. He asserted that they are also working for these corporations to hold themselves and manufacturers to equality and a realistic profit margin cap. Why have there been so many boycotts in 2025? As a result of some companies reversing their diversity, equity, and inclusion efforts, as well as a broader backlash against practices like tax evasion and underpaying employees, the first half of 2025 has seen boycotts of a number of well-known businesses. FAQs Why is McDonald's boycotted? The boycott is intended to protest McDonald's policies on low wages, tax avoidance, and corporate accountability. How long will the boycott continue? The boycott is scheduled from June 24 to 30, with additional economic resistance campaigns planned throughout the summer.
India.com
an hour ago
- India.com
Meet Indian genius Pranjali Awasthi, built Rs 100 crore company at just 16, she is now making....
Meet Indian genius Pranjali Awasthi, built Rs 100 crore company at just 16, she is now making.... Women are breaking shackles and redefining success in every space around the world. And, Pranjali Awasthi is one of those changemakers. She is proof that young women are not only dreaming big, but they are doing it with tenacity, talent, and a vision for their futures. Born in India and based in the US, she began coding at the age of seven, landed research lab internships by 13, and launched her own AI startup, at just 16. Meet Indian genius Pranjali Awasthi, built Rs 100 crore company at just 16, she is now making…. According to her LinkedIn profile, Pranjali attended Doral Academy Charter High School from 2019 to September 2021, where she pursued a STEM-focused curriculum and completed her education up to the 10th grade. She is currently pursuing a Bachelor of Science (BS) in Computer Science at the Georgia Institute of Technology. Pranjali's journey is an amazing combination of passion and opportunity. She was born in India and at the age of 11, she moved to Florida. Her father, a computer engineer, encouraged and embraced her growing interest in coding. In a little more than a year, her startup was valued at approximately Rs 100 crore (almost $12 million), reported IndiaToday. This showcases her determination, talent, and vision at such a young age. She immersed herself in computer science and competitive mathematics during her school years, resulting in an internship at the Neural Dynamics of Control Lab at Florida International University. It was there that she was introduced to machine learning projects at a young age (before realizing she was working on research that aimed at identifying the different varieties of ADHD based on EEG data), reported IndiaToday. Pranjali created in Miami in January 2022 with the main goal of making research easy for everyone. The AI-driven platform is intended for end-users to extract and summarize information from academic content, PDFs, and other documents. The platform can search through many files at once, connect to cloud drives, and users can export their results into a CSV file. They have a free plan, and paid plans that include more advanced features and functionality to accommodate the user's advanced research needs. As per India Today, has garnered popularity and quickly raised approximately $450,000 (₹3.89 crore) in financing from investors including Backend Capital and Village Global. As of October 2023, it's valued at approximately ₹100 crore. Researchers are praising platform for reducing a substantial amount of repetitive R&D work by 75%, drastically saving time and energy in academic or technical efforts. Previously, she worked as Workshop lead at Upsilon Pi Epsilon, research intern at Swartz Center for Computational Neuroscience, Florida International University. She is also the co-founder of Dash. Pranjali is already onto her next big thing — Dash. She calls it, 'ChatGPT with hands.' Dash differs from previous AI chatbots in its ability to not just chat, but to also do things, bringing the element of automation to the conversation. Just last month, Dash reached the number one product on Product Hunt, which definitely be signified a positive signal from the tech community. Pranjali celebrated this milestone by sharing a LinkedIn post to announce the launch of Dash's official Discord server.
Time of India
an hour ago
- Time of India
Bike taxi riders detained during protest at Vidhana Soudha against suspension of services
A group of bike taxi riders protesting outside the Vidhana Soudha here on Saturday against the suspension of its operations following a Karnataka High Court directive, were detained by the police here. They sought urgent government intervention to lift the blanket ban and introduce a regulatory framework to govern bike taxi services . According to the police, soon after they gathered in front of Vidhana Soudha, they were detained and dispersed from the spot by the police. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Esse novo alarme com câmera é quase gratuito em Arroio Do Sal (consulte o preço) Alarmes Undo A case has also been registered against them for violating guidelines and attempting to protest in front of Vidhana Soudha without any prior permission. The riders urged the state government to introduce a clear policy that would allow them to resume operations while addressing safety and regulatory concerns. Live Events They stressed that bike taxis are an important part of Karnataka's transport ecosystem, providing jobs to thousands. Riders believe that with the right rules in place, bike taxis can continue to benefit everyone. Discover the stories of your interest Blockchain 5 Stories Cyber-safety 7 Stories Fintech 9 Stories E-comm 9 Stories ML 8 Stories Edtech 6 Stories Earlier this month, a division bench of the Karnataka High Court refused to stay an earlier single-judge order that suspended bike taxi services in the state. The division bench, comprising Acting Chief Justice V Kameshwar Rao and Justice Sreenivas Harish Kumar, was hearing appeals filed by Uber India Systems Pvt Ltd, ANI Technologies Pvt Ltd (which operates Ola ), and Roppen Transportation Services Pvt Ltd (which operates Rapido), among others. The companies had challenged the April 2 ruling that directed them to halt bike taxi services within six weeks. The deadline was later extended till June 15. The single judge had observed that such services cannot operate unless the state government notifies specific rules and guidelines under the Motor Vehicles Act.
