High Court Rulings


Absent adjudication, service-recipient's coercive recovery from service-provider's bill 'illegal'; criticizes Revenue's laid-back attitude

HC holds that coercive action of authorities of Power Distribution Company (service-recipient) to mechanically proceed on Accountant General’s audit objection and make realization of service tax...View More

'Date of order' relevant to decide Sec 28AA interest applicability, 'import date' irrelevant

Bombay HC dismisses assessee’s writ, upholds levy of interest u/s 28AA of Customs Act for non-payment of customs duty within 3 months from order assessing the duty payable; Rejects assessee&rsqu...View More

Refund denial pursuant to re-assessment exercise undertaken after claim was due, unsustainable

Delhi HC quashes order denying refund to assessee pursuant to reassessment undertaken long after expiry of 2 months period prescribed for processing and issuance of claim in terms of Section 38(3)(a)(...View More

'Handbook-of-Procedures' a 'sub-ordinate legislation', extends CST refund to EOU on DTA purchase

HC quashes Tribunal’s order denying refund to Export Oriented Unit (EOU) of CST paid on Domestic Tariff Area (DTA) procurement used in production of finished goods cleared for exports as well as...View More

Denial of refund citing 'pending' proceedings before OHA for earlier period, not 'legal'

HC holds that denial of ‘refund claim’ on account of proceedings pending before Objection Hearing Authority (OHA) pertaining to demand for earlier period “is not a legally acceptable...View More

Plea for 'unconditional release' untenable where 'provisional release' ordered within 6 months of seizure

Delhi HC disallows claim for unconditional release of goods where order for provisional release was passed u/s 110 of Customs Act before the expiry of six months from the date of seizure; Finds force ...View More

Lashes Revenue's "illegal and high-handed" approach requiring CENVAT 'reversal' under threat of 'arrest'

Bombay HC allows writ petition challenging the action of the Revenue in compelling the assessee to reverse CENVAT credit to the tune of Rs. 11.25 crores before SCN issuance/adjudication under the thre...View More

Directs Revenue to allow 'C' Form download for inter-state HSD purchase post GST implementation 

Madras HC directs Revenue to take necessary action to enable the assessee to download ‘C’ Forms for purchase of HSD Oil from other States at concessional tax rate of 2%; Notes that post GS...View More

Land owned by lessor cannot be attached for tax default by lessee, allows writ

HC holds that land owned by the lessor cannot be attached for purpose of recovery of tax, penalty or interest due and payable by lessee under Gujarat Value Added Tax Act, 2003; Referring to Section 46...View More

Upholds SCN demanding service-tax post GST implementation; 'savings clause' preserves prior period liability

Rajasthan HC upholds issuance of show-cause notice (SCN) under Finance Act, 1994 post introduction of GST; Observes that while Finance Act has been repealed post GST implementation, “Section 174...View More