High Court Rulings


Fabricated bus-bodies, not taxable as sale of motor-vehicle components, 'rule of consistency' prevails 

Allahabad HC sets-aside Tribunal order which held assessee liable to tax on sale of motor bodies, treating the same to be component parts of motor vehicle under U.P. Trade Tax Act, 1948 (Act), answers...View More

Allows input credit against 'Cess' payment despite finished goods being 'excise' exempt

Bombay HC dismisses Department’s objection to credit availed by assessee on inputs for payment of auto-cess and education cess on finished tractors exempt from duty of excise (i.e. basic duty); ...View More

Drawback/Rebate non-sanction absent defect memo issuance violative of 'natural-justice', allows writ

Madras HC directs sanction of drawback/rebate in relation to shipping bills finding that no defect memo has been issued to the assessee-exporter, reasons that, specific requirement of Rule 13(3) of Cu...View More

No court-fee required for filing revision application in respect of rebate claim

Delhi HC holds that no court fee is payable as per Section 35EE(3) of the Central Excise Act, 1944 is case of rebate claim for filing an revision application before Revisional Authority; Notes that th...View More

Tribunal misread pre-deposit provision, allows assessee’s plea for revision in purchase tax liability

Allahabad HC allows assessee’s plea for revision of erroneously computed tax liability on purchases from unregistered dealer; Notes that, assessee erred in submitting the computation of the purc...View More

Documentary evidence essential for establishing refund claim, condemns CESTAT's cryptic approach

Madhya Pradesh HC denies refund of Service Tax claimed by the assessee (manufacturer of Urea) on the basis of credit note given by service provider (GAIL) pursuant to revision of transmission charges ...View More

Directs furnishing 'personal-bond' for lifting alert in Customs EDI, where matter still sub-judice

Madras HC disposes assessee’s writ, directs Revenue to immediately remove the alert against the assessee in Customs EDI system on receipt of personal bond; Notes that, even after realization of ...View More

No “rectifiable error” in Settlement Commission’s order upholding penalty for undervaluation of imports

Delhi HC dismisses assessee’s writ challenging Settlement Commission’s order imposing ‘penalty’ on assessee-applicant for ground of deliberate evasion of Customs duty by underv...View More

No ‘mens-rea’ where Revenue’s act contributes to bonafide belief, remits matter

Allahabad HC holds that no penalty can be levied on assessee for purchase of packing material against Form-C where same was not recorded/included in registration certificate, clarifies that “mer...View More

Writ remedy not invokable for mere non-consideration of Circulars by Adjudicating Authority

Madras HC dismisses assessee’s writ, directs filing regular appeal before CESTAT in dispute challenging adjudication order confirming service tax demand on cash calls received from mining and ex...View More