Federal Excise (Case Laws)

Federal Excise (Case Laws)

Court Year Petitioner Law/Section Topic Case Law Citation/Ref. View
Islamabad High Court 2023 JS BANK LIMITED THROUGH DULY AUTHORIZED/ATTORNEY AND OTHERS
Vs
PAKISTAN THROUGH SECRETARY REVENUE AND EX-OFFICIO CHAIRMAN FEDERAL BOARD REVENUE, ISLAMABAD AND OTHERS
Federal Excise Act 2005 S. 19(6) & 21 Constitution, Art. 199 Criminal proceedings

Show-cause notice without jurisdiction-Criminal proceedings, initiating of---Pre-conditions--Petitioners were aggrieved of proceedings initiated by authorities on the allegation of obstructing tax recovery process--- Plea raised by Read More...


2023 PTD 704
Inland Revenue Appellate Tribunal 2023 MESSRS PAKISTAN FRUIT JUICE CO. (PVT.) LTD.
Vs
COMMISSIONER INLAND REVENUE, CTO, LAHORE
Federal Excise Act, 2005 7 Value determinition for the purposes of duty/ notional value

Retail price---Scope---Appellant was held liable to include the notional value of Federal Excise Duty in retail price for the purpose of calculating sales tax on the ground that the excise duty was to be factored in while computing the Read More...


2023 PTD 817
Inland Revenue Appellate Tribunal 2023 MESSRS PAKISTAN FRUIT JUICE CO. (PVT.) LTD.
Vs
COMMISSIONER INLAND REVENUE, CTO, LAHORE
Federal Excise Act, 2005 7 grant of an extension of time

Recovery of tax- Show cause notice--Adjudication proceedings---Order-in-original--- Limitation--Scope---Commissioner, under subsection (5) of S.11 of the Sales Tax Act, 1990, and subsection (2) of S. 14 of the Federal Excise Act, 2005, Read More...


2023 PTD 817
Supreme Court of Pakistan 2020 MESSRS AL-KHAIR GADOON LTD.
Vs
THE APPELLATE TRIBUNAL AND OTHERS
Central Excise Act (I of 1944) S: 4(1)(2), 35 Law: Central Excise Rules, 1944 S: R. 7, 9, 210, 223(6), 294 Procedural laws & Rules

Olas Khan v. Chairman NAB (PLD 2018 SC 40) In this case, while commenting on the erroneous assumption of jurisdiction by the High Court in a matter of bail, it was observed that: "it is now settled position in law that merely citing or Read More...


2020 PTD 18
Supreme Court of Pakistan 2020 MESSRS AL-KHAIR GADOON LTD.
Vs
THE APPELLATE TRIBUNAL AND OTHERS
Central Excise Act (I of 1944) S: 4(1)(2), 35 Law: Central Excise Rules, 1944 S: R. 7, 9, 210, 223(6), 294 Show cause notice & incorrect provision of law

Incorrect provision of law mentioned in the notice---Effect- --Quoting of wrong provisions of law in a show cause notice would not necessarily vitiate the entire process initiated thereunder---In deciding the legal validity of the show Read More...


2020 PTD 18
Appellate Tribunal Inland Revenue 2001 COMMISSIONER OF INCOME-TAX
Vs
FIRST LEASING CO. OF INDIA LTD.
Central Excise Act (I of 1944) First Sched, Item No. 04.03 Pigment/ chemical/ manufacture of pigments

Red lead/ Litharge—Pigment or chemical—Litharge by itself was a pigment but a chemical that was used in the manufacture of pigments/  Red lead in view of its high toxicity was a dying pigment and was seldom used. 

First Sched, Item Read More...


2001 PTD 1799
Supreme Court of Pakistan 2001 COLLECTOR, CENTRAL EXCISE, CUSTOM HOUSE, LAHORE AND OTHERS
Vs
MESSRS RIAZ BOTTLERS (PVT.) LTD., LAHORE AND OTHERS
Central Excise Act (I of 1944) S.4(2) Retail Price

Constitution Read More...


2001 PTD 1854
2004 PTCL 298
Supreme Court of India 2001 PAPER PRODUCTS LTD
Vs
COMMISSIONER OF CENTRAL EXCISE
Indian Central Excise Act, 1944 S. 37B Circular are binding on Department

Circular/ Effect—Circular are binding on Department/ Correctness of circulars cannot be challenged by Department even on the ground of their being inconsistent with statutory provision/ Indian Central Excise Act, 1944, S.37B.

Apart from the fact that Read More...


2001 PTD 2253
247 ITR 128