High Court Rulings


Quashes assessments denying ITC against DEPB licenses for falling outside First Schedule 

HC sets aside assessment orders reversing Input Tax Credit (ITC) on purchase of DEPB / REP licenses by assessee, u/s 19(1) of Tamil Nadu VAT Act; Rejects Revenue’s reliance on Division Bench dec...View More

Invokes "promissory estoppel" against curtailment of excise duty exemption under Industrial Policy 

HC quashes Notification Nos. 20/2008-CE and 38/2008-CE to the extent they sought to whittle down 100% excise duty exemption extended vide Notification No. 20/2007-CE to manufactures of P&P medicam...View More

No VAT & Electricity duty refund absent State Govts' consent to BIFR scheme 

Delhi HC upholds order of Appellate Authority for Industrial & Financial Reconstruction (AAIFR) under Sick Industrial Companies (Special Provisions) Act (SICA) which dismissed assessee’s cla...View More

Transportation arrangement, supervision & payment follow-ups ancillary to 'Commission Agency', not "C&F service" 

HC upholds CESTAT’s (majority) view that activity of supervision/arranging of transportation, commission on sale & follow-up of payment, not taxable as “Clearing & Forwarding Agent...View More

Dismisses challenge to Designated Authority's prima facie findings to initiate anti-dumping investigation 

HC upholds initiation of investigation by Designated Authority (DA) in relation to imposition of anti-dumping duty on import of ‘non-dyed polyester staple fiber’, pursuant to application o...View More

Allows MODVAT credit on inputs found defective / lost during manufacture of watches

HC upholds order of CESTAT allowing MODVAT credit under Rule 57A of Central Excise Rules, 1944 on inputs found defective, unfit for use on production floor in factory premises; Accepts assessee’...View More

'Brake Fluid' composition & function different from "Lubricant"; Taxable at 8%, not 15% 

HC rules that ‘Brake Fluids’ cannot be taxed at 15% as “Lubricants” under Entry No. 9 in Part III of Schedule II to Madhya Pradesh Commercial Tax Act; Observes that Brake Fluid...View More

No rebate admissible on exports from contract manufacturer's premises absent CBEC permission 

HC upholds denial of rebate under Rule 18 of Central Excise Rules, 2002 to Contract Manufacturing Units (CMU) on goods (i.e. biscuits) exported directly from their premises absent permission from CBEC...View More

No additional levy on concessional purchases where inputs used in export goods 

HC rules out levy of additional 1% tax on purchases at concessional rate u/s 3(3) of Tamil Nadu General Sales Tax Act upon export of goods, reiterating that ‘export’ also constitutes a &ld...View More

1 year limitation u/s 27 inapplicable to SAD refunds; Refers to Sony India ratio

HC dismisses Revenue appeal, observes that limitation of 1 year specified u/s 27 of Customs Act, 1962 is inapplicable to claims of Special Additional Duty (SAD) refund under Notification No. 102/2007-...View More