High Court Rulings


Emphasizing upon 'plain reading' of Entry, extends exemption to all types of “Hank-Yarn” 

Madras HC holds that exemption under Entry 44 to the Fourth Schedule (Part-B) of Tamil Nadu VAT Act to "Hank Yarn" shall extend to all types of yarns and not just Cotton Hank Yarn, sets-aside Clarific...View More

Appeal against CESTAT's order subsequent to disposal/dismissal of matter by SC, unsustainable

Madras HC dismisses appeal against order of CESTAT observing that an appeal against said CESTAT order was already preferred by assessee and dismissed by SC including review petition; Once appeal have ...View More

No service by employer or employee while recovering 'notice-pay' for sudden termination

HC allows writ, holds that payment/compensation in lieu of notice period from outgoing employees is not liable to service tax; Discards Revenue’s plea that the assessee tolerated the act of imme...View More

Refutes to intervene with Tribunal's order reducing penalty for improper imports, dismisses appeal

HC dismisses assessee’s appeal against the order of Tribunal reducing the penalty imposed u/s 112(a) of Customs Act, 1962 for improper importation of goods; Notes that, activity of import of pro...View More

Conversion of wet blue leather into finished leather amounts to 'manufacture'. upholds Tribunal 

Madras HC upholds Tribunal’s decision that the process of conversion of wet blue leather into finished leather amounts to ‘manufacture’ u/s 3 of Tamil Nadu GST Act, 1959; Consequentl...View More

State Undertakings/Instrumentalities bound by same discipline as any other entity/assessee/dealer

HC holds that assessee (seller) cannot seek a direction to Revenue to issue ‘C’ Form after expiry of statutory period prescribed u/s 28 of Delhi VAT Act when the transaction...View More

Quashes service-tax levy on ocean-freight under CIF contracts on 'reverse-charge' basis 

Gujarat HC quashes levy of Service Tax under reverse-charge mechanism on an Indian importer on the services of transportation of goods by a vessel from a place outside India to the customs station of ...View More

Assessment not time-barred where the summons/notices issued within limitation period

HC holds that assessment proceedings shall be construed to be within the limitation period if the process of making assessment begins by issuing a notice within the limitation period irrespe...View More

Concessional Duty Benefit inapplicable to import occasioned prior to registration under Rules

Madras HC allows Revenue’s appeal against the order of CESTAT which held that Rules 3 and 4 of  Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods...View More

Upholds refund-claim filed within a year from favorable CESTAT order, rejects time-bar plea

Gujarat HC holds claim for refund as well within period of limitation being filed within one year from date of favorable CESTAT order holding finality to assessee’s entitlement to refund; R...View More