High Court Rulings


Settlement Commission cannot reject application as inadmissible, once deemed to be proceeded with

HC sets aside Settlement Commission order rejecting the applications as inadmissible post calling of report on merits of the case, as contemplated u/s 127C(3) / (4) of Customs Act; Observes that Secti...View More

Directs release of seized gold absent serving of notice within 6 months

HC directs release of gold seized at the airport by Customs authorities absent service of notice within 6 months of seizure in terms of Section 110 r/w 124 of Customs Act; HC states that it is mandato...View More

Charter-hiring rigs for drilling non-taxable absent 'right to use' transfer, 'contract' within State

HC holds that charter hire of ‘jack-up rigs’ used exclusively in the Arabian Sea for drilling operations does not amount to “transfer of right to use”, and ousts the jurisdicti...View More

Upholds Constitutional validity of mandatory appeal pre-deposit under West Bengal VAT Act

HC dismisses challenge to Constitutional validity of second provision to Section 84(1) of the West Bengal VAT Act, 2003 (‘WB VAT Act’) requiring pre-deposit of 15% of disputed tax for...View More

Upholds SCN for determining taxability of 'dealer's incentives' post change in law

HC dismisses writ petition, holds that show cause notice issued to determine whether target based ‘incentive’ offered by Maruti Udyog in form of cash / quantity discount to dealers amounts...View More

Upholds luxury tax on resort members availing free accommodation under time-share arrangement 

Kerala HC upholds Luxury Tax levy on members availing free accommodation provided by the Resort under timeshare arrangement; Notes that as per the Kerala Taxes on Luxuries Act, 1976 (LT Act), luxury t...View More

Upholds CESTAT findings; Separate SCN requisite when goods cleared from fictitious unit 

HC concurs with CESTAT that once Revenue concludes that assessee cleared manufactured goods through a fictitious unit which is very much capable of carrying on business, then such unit should independ...View More

Taxing lottery promotion & marketing not unconstitutional; However, levy unenforceable absent computation mechanism 

HC upholds service tax on promotion, marketing, organising, selling of lottery or facilitation in organising lottery of any kind undertaken by a lottery distributor or selling agent, however, same can...View More

Manufacturer & distributor not "related" absent mutuality of interest; Distributor's higher-margin sale inconsequential

HC grants respite to manufacturer of sugar free B-complex syrup – “Betonin” thereby upholding manufacturer’s price list in lieu of distributor’s, who sold the product to ...View More

Cannot equate 'Blood' as 'liquid'; Quashes Circular classifying 'Dialysis' equipment under Heading 8421

HC upholds Single Judge order which set aside CBEC Circular No. 19/2003 classifying “Disposable Sterilized Dialyzer” and “Microbarrier” for filtering ‘blood’, under...View More