High Court Rulings


Upholds free physician samples valuation at 115% of actual production cost pre-2003 

HC overrules CESTAT, holds that physician samples supplied free of cost for promoting business shall be valued at 115% of cost of production, in terms of Circular dated July 1, 2002; Accepts assessee&...View More

Bars coercive action against legal practitioners till clarity on reverse charge applicability

Delhi HC directs Centre & State to abstain from coercive action against lawyer or law firms for non-compliance with any legal requirement under GST law, till clarification is issued by Govt. regar...View More

Absent statutory provision, interest recovery u/s 28 unsustainable for EO non-fulfilment under advance licence

HC allows assessee’s appeal, absent statutory prescription customs authorities cannot recover interest u/s 28AB of Customs Act, 1962 (Act) for non-fulfilment of Export Obligation ...View More

Mere 'non-disclosure' of facts absent legal obligation thereto, does not constitute "suppression"

HC sets aside CESTAT order, holds that​ extended period of limitation u/s 11A of Central Excise Act​ is not invokable for mere non-disclosure of information relating to ​use of ​brand name ​...View More

Dismisses PIL seeking GST postponement, decision to implement Act have sanction of law

Bombay HC dismissed PIL seeking deferment of GST implementation, holding that, levy and collection of taxes on goods and services has sanction of law in terms of Article 265 of Constitution of India; ...View More

'Security' encashed enforcing bank guarantee not 'duty', limitation period inapplicable to 'restitution' thereof 

HC holds time limit prescribed u/s 27 of Customs Act, 1962 inapplicable to refund of amount realised by Revenue upon enforcement of Bank Guarantee (BG), relies upon SC ratio in Oswal Agro Mills Ltd.; ...View More

Tax paid before 'reverse charge' introduction erroneous, but refund hit by limitation

HC upholds CESTAT order denying refund of service tax inadvertently paid on reverse charge basis prior to introduction of Section 66A in Finance Act, being beyond limitation period prescribed u/s 11B ...View More

Shifting includes 'relocation', allows Rule 10 'credit transfer' on moving factory to another site

HC dismisses Revenue's appeal, transfer of un-utilised CENVAT credit under Rule 10 of CENVAT Credit Rules, 2004 (CCR) available where assessee shifts his factory from one site to another; Rejecting Re...View More

Upholds CST reimbursement on inter-state EOU purchases; DGFT cannot alter FTP framework 

HC dismisses Revenue’s writ appeals, affirms reimbursement of CST to EOU-assessee in respect of purchases made from other EOU in terms of Para 6 of FTP 2009-14; Upholds order of Single Judge Ben...View More

Notification stipulating concessional duty for 'taxis' a complete code; Section 11B refund limitation inapplicable 

HC ​rejects CESTAT findings, ​holds that ​Notification No. 3/2001-CE issued u/s 5A of Central Excise Act prescribing concessional rate of duty on cars registered as 'taxis' is a special provisio...View More