High Court Rulings


Freight-charges to be excluded from taxable turnover on ex-factory sales made to DoT

Orissa HC holds that freight charges separately shown in sale bill as not includable in the sale price where goods were sold ex-factory, and therefore, has to be excluded while calculating the taxable...View More

Telangana HC stays VAT demand against Apple India in mobile phone classification dispute 

Telangana HC (Hyderabad) stays operation of Dept. order against Apple India raising a demand of Rs. 14.87 Crores, seeking to levy VAT on cell phones at 14.5%, under residuary entry in Schedule V of Te...View More

Concessional tax-rate applicable on inter-state supply of Plywoods to Railways, quashes Clarification Letter

Madras HC holds that concessional rate of sales-tax granted to Assessee on supply of Plywoods to Railways (for construction of Railway Wagons/Coaches) within the State in terms of Entry 112 of Part-B ...View More

SAD refund denial on limitation ground unjustified when DRI seized requisite documents

Madras HC holds denial of refund claims of Special Additional Duty of Customs (SAD) on limitation ground as not justified when all required documents including respective Bill of Entries (B/E) were ad...View More

Purchaser of land, auctioned by Debt Recovery Tribunal, not liable to borrower's excise-dues

Bombay HC sets-aside show-cause notices relating to excise duty dues on finding that liability can be fastened only on that person who had purchased entire unit as a ‘going concern’ and no...View More

Slams growing writ-filing practice adopted without exhausting statutory-appeal remedy; Jurisdictional error 'rectifiable'

Madras HC dismisses writ seeking quashing of Order-In-Original assailing jurisdiction of Directorate of Revenue Intelligence (DRI) as 'Proper Officer u/s 28(4) of Customs Act, quotes that “Court...View More

Cites Tribunal's failure to overlook penalty exemption clause; notes assessee's bonafide belief w.r.t. valuation

Bombay HC (Goa Bench) holds that Tribunal completely overlooked effect of Section 80 of Finance Act which contains a non-obstante clause, that exempts levy of penalty, being imposed on assessee, if th...View More

Directs adjudication of 7 year-old SCN imposing conditions on NSAT service-provider selling aircraft

Delhi HC directs adjudication of SCN pending for 7 years whereby Revenue imposed condition on assessee who have been granted No Objection Certificate (NOC) to operate Non-Scheduled Air Transport (NSAT...View More

Cannot force Customs-duty on goods imported in 'good-faith', no justification for refund denial

Madras HC holds that there is no justification for denial of refund of advance Customs Duty paid by Assessee at time of filing of Bill of Entry (BoE) under self-assessment procedure on goods imported ...View More

Legitimate export-incentives cannot be denied; allows refund of unutilized CENVAT under GST

Madras HC allows refund of unutilized CENVAT credit in GST regime, representing the amount which could not be carried forward into Electronic Credit Ledger of GST while filing TRAN-01; Considering tha...View More