High Court Rulings


Overrules CESTAT; Commissioner (Appeals) empowered to grant benefit of penalty reduction u/s 11AC

HC overrules CESTAT, upholds grant of reduced penalty option u/s 11AC of Central Excise Act by Commissioner (Appeals); Rejects Revenue stand that since matter pertained to clandestine removal of goods...View More

Absent statutory provisions, grant of 'warehousing charges' refund by CESTAT unjustified

HC overrules CESTAT, finds refund of ‘warehousing charges’ upon payment of redemption fine and penalty in respect of confiscated goods unjustified, absent provision in Customs Act or any o...View More

Interprets Rule 9(1); Allows manufacturer service tax credit against supplementary invoice & TR-6 challan 

HC allows CENVAT credit on the basis of supplementary invoice issued by service provider and TR-6 challan (pertaining to service tax paid under reverse charge mechanism) to manufacturer of pig iron, s...View More

Grants exemption treating 'demo car' as "capital goods" of automobile dealer 

HC extends VAT exemption on sale of ‘demo car’ u/s 6(3) of Delhi VAT Act treating same as “capital goods” used for business of selling cars; Refers to Division Bench ruling in ...View More

Restricting input credit utilisation upto month / quarter end, ultra vires CENVAT scheme

HC holds first proviso to Rule 3(4) of CENVAT Credit Rules, 2004 (CCR) restricting CENVAT credit utilization upto balance available on last day of month / quarter for purpose of discharging excise dut...View More

Dismisses challenge to ADD extension absent gap after expiry; Distinguishes SC ratio

HC dismisses challenge to 1-year extension of Anti-dumping duty (ADD) on import of ‘plain gypsum plaster board’ vide Notification No. 26/2017-Cus (ADD), absent void/gap between expiration ...View More

Absent fraud, quashes re-assessment citing camouflage of 'inter-state' sale as 'stock-transfer' 

HC quashes re-assessment proceedings which revoked exemption of turnover on stock transfer of semi-finished goods u/s 6A of CST Act on strength of declaration in Form-F, absent fraud, misrepresentatio...View More

Storage of molasses in earthen pits within factory does not constitute 'removal'

No excise duty payable on molasses stored in earthen pits, viz. katcha pits located within the factory premises; HC rejects Revenue contention that since molasses were stored in earthen pits without r...View More

Dismisses writ; Notification restricting boric acid import for non-insecticidal use not unreasonable

HC rejects challenge to Notification dated April 7, 2006 restricting import of boric acid for non- insecticidal purposes subject to import permit issued by Central Insecticide Board and Registration C...View More

To hear challenge on curtailment of export benefits under Advance Authorisation Scheme

Delhi HC issues notice to Revenue, shall hear petition challenging curtailment of duty exemption benefits under Advance Authorisation scheme of Foreign Trade Policy, post implementation of GST; While ...View More