High Court Rulings


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

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