High Court Rulings


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

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