High Court Rulings


Absent conflicting views regarding seizure for non-TDF production, LB places matter before regular bench

Larger Bench finds no conflict between judgments of Prakash Transport Corporation and S.B. International in the matter pertaining to seizure of goods for non-production of Transit Declaration Form (TD...View More

'Warehoused goods' sale not in course of import/high-sea, liable to local tax

Bombay HC holds that a sale made by transfer of documents while goods (i.e. iron and steel coils) are in bonded warehouse do not qualify as‘sale in the course of import’, hence, not exempt...View More

Upholds Single Judge, differential tax rates on 'Ethyl Alcohol' and 'Rectified Spirit' justified

HC dismisses assessee’s writ appeal against order of Single Judge which held that State was justified in imposing differential rate of sales tax for ethyl alcohol (10%) and rectified spirit (20%...View More

‘E Rickshaw’ parts import cannot be subjected to 'Type Certificate’ required under Motor Vehicles Rules 

HC holds that Customs Authorities are not justified in withholding consignment of parts of E-Rickshaws on account of non-production of a Type Certificate as required under Rule 126 of the Central Moto...View More

Modifies Tribunal's order,reduces penalty imposed for delayed TDS deposit by Govt. Dept.

Allahabad HC reduces penalty imposed u/s 34(8) of UP VAT Act on Department of Indian Railways for delayed deposit of TDS deducted from payment made in relation to works contract;While Assessing Author...View More

Directs granting hearing opportunity, orders de-freezing bank account attached for dues non-payment

Bombay HC disposes assessee’s writ with a direction to grant opportunity of personal hearing and de-freeze bank account where same were attached for non-payment of service tax; Opines that asses...View More

Upholds penalty, assessee's difficulties/ constraints cannot relieve from duty to deposit full tax

HC dismisses assessee’s appeal, upholds imposition of 100% penalty u/s 73(4) r/w Section 78 of Finance Act, 1994 for non-payment of service tax noting that only part (not entire) service tax lia...View More

Settlement Commission not an adjudicating authority, cannot pass order absent 'true and full' disclosure

HC holds that Settlement Commission cannot act as an adjudicating authority or an incognito Central Excise Officer to decide show cause notice (SCN) and determine demand raised where applicant failed ...View More

CHA cannot be penalised for dubious exports by fictitious exporters where due-diligence exercised

Delhi HC upholds CESTAT, absolves Customs House Agent (CHA) of penalty imposed u/s 114 of Customs Act, 1962, where it was found that exports were dubious and exporters were fictitious/non-existent abs...View More

Upholds MIP exemption restriction to imports under LOCs from Notification, not publication date

HC dismisses assessee’s challenge to Paragraph 2 of Notification No. 38/2015-2020 restricting exemption from Minimum Import Price (MIP) condition to imports/shipments of Mild Steel Items made un...View More