High Court Rulings

Quashes reassessment of Green Cess against JSW Infrastructure citing absence of ‘reasons to believe’ 

Bombay HC (Goa Bench) quashes show cause notices issued to South West Port Ltd and JSW Infrastructure Ltd (Assessees) proposing reassessment of Green Cess liability under the Goa Cess on Products and ...View More

Investment value exceeded Rs. 3 cr limit; Compound Levy Scheme can’t be availed 

Rajasthan HC, in an appeal filed by Sulzer Processors Pvt. Ltd. (Assessee), holds that it is not eligible for availing the Compound Levy Scheme, as the value of investment in the plant and machinery e...View More

Quashes 25-kg gold confiscation for breach of natural justice denying cross-examination and CCTV footage access 

Kerala HC sets aside order confiscating 25 kg of gold penalties under the Customs Act, holding that the adjudication was vitiated by denial of a meaningful opportunity to adduce evidence and cross-exa...View More

Basis settled precedent, disallows credit on Iron & Steel used for repairing plant & machinery 

Allahabad HC holds that CENVAT Credit of Iron and Steel used for repairing of plant and machinery cannot be availed; Appeal was filed against the order passed by CESTAT Delhi, where the Tribunal had d...View More

Following settled precedent, reiterates TDS deduction from taxable turnover under VAT regime 

Karnataka HC reiterates that the Tax Deducted at Source (TDS) amount is eligible for deduction from the taxable turnover in view of Sections 9-A & 9 of the KVAT Act, 2003 read with proviso to Rule...View More

Allows Guddex Glass’s revision plea against demand raised by tribunal; Imposes cost 

Allahabad HC allows a revision plea filed by M/S Guddex Glass Industries P Ltd (Assessee) against the order passed by the Tribunal that upheld demand and interest classifying toughened glass as taxabl...View More

Customs duty liability on pilfered goods only on approved custodian u/s 45(1), not port trust under Port Trust Act 

Bombay HC holds that the Port Trust, constituted under Major Port Trusts Act, 1963, is not liable to pay customs duty on goods pilfered while in their possession; Holds that the liability to pay duty ...View More

Notification prescribing recovery of Clean-Environment-Cess in lieu of Statutory Procedure intra-vires; Upholds validity 

Madras High (Madurai Bench), in a writ petition challenging Notification No. 02/2010-CEC insofar as it applies Section 11A of the Central Excise Act, 1944 for recovery of Clean Environment Cess (CEC) ...View More

Technical glitch in ICEGATE cannot compel interest on IGST payment contrary to adjudication order 

Bombay HC (Goa Bench) grants relief to JSW-Steel (Assessee) after Assessee was compelled to pay interest on IGST on imports due to a technical glitch in the ICEGATE portal (customs portal), despite a ...View More

Mere non-tallying between imports under AA-license and seized goods doesn’t vitiate investigation; Quashes CESTAT-ruling 

Madras HC (Madurai Bench) sets aside CESTAT ruling, observing that “Mere non-tallying of the total quantity of goods imported by the respondents with the materials seized does not vitiate the in...View More