High Court Rulings


Absent 'speaking order', re-assessment of BoE changing classification and enhancing value, unsustainable 

HC allows writ appeal, sets aside re-assessment undertaken by proper officer absent passing of speaking order within 15 days thereof in terms of Section 17(5) of Customs Act; Notes that assessee prese...View More

'Detention' not "seizure"; Show cause notice limitation period construable from 'seizure' date

HC holds that ‘detention’ of goods by Customs authorities does not amount to ‘seizure’ thereof and consequently, finds no fault in denial of unconditional release of goods wher...View More

NCCD not exempt under area based Notification; Dismisses assessee's 'beneficial' interpretation plea

HC dismisses writ petition, holds that area based excise duty exemption under Notification No. 50/2003-CE not extendable to National Calamity Contingent Duty (NCCD) and Cesses thereon; Rejects assesse...View More

Ballasts, boulders, chips supplied to Railways, classifiable as 'minerals', Applies 'common parlance' test

Orissa HC upholds Tribunal, ballasts, boulders or chips supplied to Railways is “mineral” as per  Entry 117 of Schedule provided under Orissa Sales Tax Act, 1947 (Act), exigible to ta...View More

Adjudicating Authority can apply applicable law notwithstanding different charging section in SCN

HC finds no merit in writ petition, upholds confirmation of service tax demand against assessee thereby rejecting contention that show cause notice was issued without application of mind and in violat...View More

Titan's gold watch studded with precious stones taxable as "article of jewellery"

HC concurs with VAT Tribunal, classifies Titan’s ‘Nebula’ watch with precious stones / metals / diamonds as “Jewellery” taxable at 1% under Entry 13(ii) of Schedule-II to...View More

Grants credit of scrap received for manufacture; Correlation with duty-paying documents irrelevant

HC dismisses Revenue appeal, denial of MODVAT / CENVAT credit for lack of correlation between input scrap actually received and used in manufacture of excisable goods vis-a-vis scrap described in invo...View More

Motor vehicle / tractor 'bearings' classifiable under specific headings, not as their 'parts' 

HC holds that ‘bearings’ manufactured for motor vehicles and agricultural tractors are covered by specific Entry C-II-146 of Bombay Sales Tax Act, 1959 (Act), not Entry C-II-102 as “...View More

ITC not reversible upon purchasing & selling dealers' data mismatch, absent proper enquiry 

Input Tax Credit not reversible by purchasing dealer under TNVAT Act where there is a mismatch of returns filed by such dealer with that of selling dealer; HC notes that since statute is silent on pro...View More

No prohibition on discharge of EO in Indian Rupees under Advance Licence 

HC allows assessee’s writ, quashes cancellation of advance license where Export Obligation (EO) discharged in Indian Rupees (INR), rejecting Revenue’s plea that said license could be issue...View More