High Court Rulings


Dismisses assessee's writ petition sans any fault in authorities' decision making process

HC dismisses challenge to orders passed by Appellate Authority and CESTAT finding no irregularity in decision making process followed by the authorities; Assessee submitted that, order in original was...View More

'Mandatory pre-deposit' u/s 129E curtails undue litigation, doesn't render right to appeal "illusory" 

HC dismisses challenge to constitutional validity of Section 129E of Customs Act, holds that mandate of pre-deposit of 7.5% / 10% of duty and / or penalty demanded is reasonable, not rendering the rig...View More

Allows extension after warehousing period expiration; No interest on EPCG license clearances

HC dismisses Revenue’s appeal, no impediment in extending warehousing period absent any bar u/s 61 of Customs Act despite expiry of initial 1 year period; Referring to Bombay HC ratio in Sunil J...View More

Mere omission to disclose scrap & waste clearance in returns not 'wilful suppression'

HC holds that mere failure to declare / disclose clearance of waste and scrap in Returns does not amount to ‘suppression’ absent “intention to evade payment of excise duty” so ...View More

Upholds confiscation & penalty for non-compliance of post import conditions despite Notification rescission

HC upholds confiscation and imposition of penalty in respect of imported CT scanner, accessories and spare parts since assessee, a diagnostic centre, did not accord such facilities to p...View More

Credit-note pursuant to assessment finalisation doesn't absolve 'unjust enrichment' test for refund 

HC sets aside CESTAT order sanctioning refund of excise duty assuming that burden thereof had not been passed on to customers in view of credit notes issued pursuant to finalization of assessment; Rel...View More

DGFT Notification not mere 'executive instruction'; Import permit mandatory despite non-insecticidal use

HC upholds requirement of furnishing permit from Central Insecticide Board Registration Committee for import of ‘Bronopol’ as mandated by DGFT Notification No. 106 (RE-13)/2009-14, despite...View More

Refund application rejection where duty paid basis self-assessment untenable, B/E re-assessment inconsequential

HC allows assessee’s writ, rejection of refund application under Customs Act, 1962 (Act), in respect of duty paid on import of mobile phones, tablets, and television sets on ground that self-ass...View More

‘Executive' not 'Judicial/Metropolitan' Magistrate, 'proper officer' u/s 110 to certify seized inventory

HC dismisses Revenue’s writ petition, upholds dismissal of application by ‘Metropolitan Magistrate’ to certify correctness of inventory of seized goods in terms of Section 110(1B) of...View More

Remands matter absent deliberation by CESTAT on credit eligibility on 'foreign agent' commission

HC remands matter absent detailed discussion by CESTAT on CENVAT credit availability of service tax paid under reverse charge on commission paid to foreign agents; Notes assessee's contention that ser...View More