High Court Rulings


Disallows post-sale discount deduction; Credit-note amount includible in 'turnover' for tax payment

HC disallows deduction of discount received from supplier under various schemes, by way of credit notes subsequent to sale of goods; Rejects assessee-dealer’s contention that such discount on sa...View More

Pending final Tribunal decision, dismisses appeal to determine whether medicines sold during treatment 

HC dismisses assessee’s appeal, for determining whether sale of medicines took place during treatment to an indoor patient, pending final findings of Tribunal in said matter; Notes assessee&rsqu...View More

Superior quality defatted soya product classifiable as De-oiled cake, rejects 'common parlance' plea 

HC allows assessee’s writ, superior qualify defatted soya / hypro soya products, generated during process of extraction of soya oil classifiable as deoiled cake (DOC) including soya meal, a tax ...View More

Quashes interest absent provision for wrongful withholding, when duty timely paid post-determination 

HC allows assessee’s writ, sets aside demand of interest u/s 11AA of Central Excise Act, 1944 (Act) when duty amount determined under sub­-section (2) of Section 11A paid within prescribed t...View More

Upholds penalty u/s 112 for goods mis-declaration, however, deletes simultaneous penalty u/s 114A

HC sets aside CESTAT's order pertaining to deletion of penalty on assessee for mis-declaration of goods, upholds penalty u/s 112 of the Customs Act, 1962 (Act), while setting aside penalty u/s 114A; A...View More

'Capital Goods' definition under Credit Rules 'exhaustive', CENVAT inadmissible on 'Welding electrodes'

HC allows Revenue’s appeal, ‘welding electrodes’ specified under Chapter Heading 8311 of Central Excise Tariff, not ‘capital goods’ under Cenvat Credit Rules (Rules), 200...View More

Notification reducing duty on cigarettes constitutes exemption, excess-tax collected is 'enrichment' u/s 11D 

HC upholds CESTAT’s order, Notification No.355/86-CE, granting exemption from payment of duty on cigarettes equal to duty paid on inputs (i.e. cut tobacco), is an 'Exemption Notification', not N...View More

Finds no transfer of property in consumable chemicals / solvents used for cleaning 

HC holds that use of consumable chemicals / solvents in the process of cleaning does not amount to transfer of property in goods from assessee to Northern Railways (contractee) exigible to tax; Conseq...View More

Airport operation & maintenance in joint-venture with AAI, not taxable as 'franchise service' 

Delhi HC holds that upfront and annual fees payable by International Airports (assessees) to Airports Authority of India (AAI) under “Operations, Management and Development Agreements” (OM...View More

Quashes notice classifying product contrary to existing Circular; Board clarification binds Revenue

HC allows writ petition, quashes show cause notice (SCN) classifying ‘stators and motors used in hermetically sealed gas compressors’ under Custom Tariff Heading (CTH) 8414.91 contrary to ...View More