High Court Rulings


Dismisses challenge to non-initiation of Sunset Review & discontinuation of ADD / Safeguard duty

Delhi HC dismisses 10 writ petitions – 6 challenging the decision of Designated Authority (‘DA’) not to initiate Sunset Review (‘SSR’) and consequently, not extend the pe...View More

Upholds constitutional validity of Explanation deeming 'Port Trust' as "dealer" under BST Act

HC dismisses challenge to constitutional validity of Explanation to Section 2(11) of Bombay Sales Tax Act, 1954 (BST Act) which deems ‘Port Trust’ as a “dealer”; States, from a...View More

Condemns higher duty collection pending adjudication of classification, under DRI investigation pretext

HC condemns Revenue’s refusal to finalize adjudication proceedings to determine correct Customs Tariff Heading in respect of equipment imported for providing communications, network and broadban...View More

Jt. DGFT's adjudication of composite notice for scrip cancellation & penalty, hit by pecuniary-limit 

Gujarat HC upholds decision of DGFT to set aside order of Jt. DGFT dropping the proceedings for ab initio cancellation of Duty Free Credit Entitlement scrips u/s 9(4) and imposition of fiscal penalty ...View More

MRP valuation doesn't breach principle of charging duty on manufacturing costs & profits 

HC dismisses challenge to Section 4A of Central Excise Act insofar as duty was required to be paid on PP Medicaments on the basis of MRP as reduced by abatement of 35%; Rejects assessee’s conten...View More

Input credit disallowance to bona-fide purchaser for seller's tax deposit default, unconstitutional 

Delhi HC holds Section 9(2)(g) of Delhi Value Added Tax, 2004 (“DVAT Act‟) to the extent it disallows Input Tax Credit (ITC) to purchaser due to default of selling dealer in depositing tax, as...View More

Condemns Revenue's rejection of some revised returns while passing re-assessment order, remands matter

HC sets aside re-assessment order passed by Assessing Authority (AA) accepting some monthly revised returns while rejecting some on ground of non-mention of additional tax liability and proof of payme...View More

Writ Court cannot review order passed in revision; Matter appealable to SC

HC refuses to exercise extraordinary writ jurisdiction under Article 226 of Constitution against its revision order passed u/s 11 of U.P. Sales Tax Act, 1948; Notes assessee’s grievance that dem...View More

Burnt coal residue from paper manufacture taxable as "Coal", not "residuary" article 

Burnt coal residue from paper manufacturing process classifiable as “coal including coke in all its form….”, taxable at 4% under U.P. VAT Act as it retains its combustible propertie...View More

Branch not distinct from HO, purchases for transfer outside State not taxable

HC overrules Tribunal, holds that purchase of goods viz. mentha oil by a branch and dispatch outside State to Head Office not taxable as ‘sale within State’; Rejects Revenue contention tha...View More