High Court Rulings


Quashes reassessment, 'Change of opinion' for mobile/parts classification post Nokia judgment unsustainable

HC quashes reassessment proceedings u/s 31 of Bihar Value Added Tax Act (‘Act’), initiated consequent to SC judgment in Nokia India Pvt. Ltd., in matter of classification of mobile phone s...View More

E-commerce sales envisaging goods movement from one state to another, constitutes 'inter-state sales'

HC grants relief to WS Retail, sale of mobile phones, computer spare parts and personal healthcare products via online portal, qualify as an ‘inter-state sale’, not liable to local sales t...View More

Quashes order passed relying on CESTAT ruling set side by higher forum

HC allows writ, holds order passed by Commissioner, relying upon CESTAT's order, which has already been set aside by HC, as not sustainable, consequently remands matter; Commissioner while passing an ...View More

Condones 1-day appeal delay after a decade; Such exercise not binding precedent

HC allows assessee’s writ petition after 11 years thereby condoning delay of 1 day in filing appeal before Commissioner (Appeals) u/s 128 of Customs Act; Finds Commissioner (Appeals) completely ...View More

Cannot reject turnover adjustment claim absent statutorily prescribed validity period for 'declaration'

HC overrules Sales Tax Tribunal, sets aside rejection of declaration in Form ST-1 to claim adjustment / deduction of purchases from turnover of dealer u/s 4(2)(a)(v) of Delhi Sales Tax Act, 1975 on gr...View More

Allows unutilised-credit refund where goods exported from job-worker’s premises under DEEC

HC upholds CESTAT order, affirms refund of unutilised MODVAT credit under Rule 57F(3) of erstwhile Central Excise Rules where goods exported availing Duty Exemption Entitlement Certificate (DEEC) Sch...View More

Laboratory stores / product literature mandatory for 'drugs', constitute "raw materials" for ITC

HC allows input tax credit (ITC) on ‘laboratory stores’ such as glassware / glass tube, raw material, and chemicals used for testing during pre & post manufacturing stage of drugs; Not...View More

Sale of purified water in loose jars under ‘brand-name’ taxable at 12%

HC upholds Tribunal order, sale of purified water in returnable loose jars having a top which is closed and affixed with sticker  of “Shital” is taxable at 12% under Entry 154 of Sche...View More

TED refund withdrawal to achieve domestic supplier vs. importer parity, not arbitrary 

Withdrawal of Terminal Excise Duty (TED) refund on supply of goods to power sector by amendment to Para 10.11 of Handbook of Procedures 1999-2000 (HBP), neither violative of Foreign Trade (Development...View More

Excess duty refund pursuant to post-clearance turnover discounts available, absent 'unjust enrichment'

HC rules that excise duty refund pursuant to post clearance turnover discounts offered by manufacturer to dealers by way of credit notes shall be available, subject to establishment of nil unjust enri...View More