High Court Rulings


Affirms bar on domestic sale of goods under Advance Authorizations before EO fulfilment

Bombay HC upholds CESTAT’s decision that finished goods manufactured out of duty free raw materials imported against advance authorization, cannot be cleared into domestic market before fulfilme...View More

Quashes Rule imposing luxury tax on VAT turnover of banquet hall owners

Delhi HC quashes Rule 3(2)(b)(ii) of Delhi Tax on Luxury Rules, 1996 inasmuch as all Banquet Hall Owners are required to include entire turnover value for purpose of luxury tax, irrespective of whethe...View More

Regulations waiving demurrage charges by cargo service-provider, not ultra vires Articles 14, 19(1)(g) of Constitution

Delhi HC dismisses challenge to Regulation 6(1)(l) of Handling of Cargo in Customs Areas Regulations, 2009 (Cargo Regulations) insofar as assessee & sub-contractor were abstained from recovering d...View More

Upholds tax on electricity consumption within State; Rejects assessee's 'CST applicability' plea

HC dismisses assessee’s writ, upholds constitutional validity of Section 3(1) & (2) of Karnataka Electricity (Taxation and Consumption) (Amendment) Act, 2013 levying electricity tax on consu...View More

Repairing defective fans by replacing with new parts does not constitute 'manufacture'

HC rules in favour of assessee, holds that dismantling of defective fans and reassembly with new and workable parts does not amount to ‘manufacture’ u/s 2(f) of Central Excise Act; Holds t...View More

Affirms 'unjust enrichment' principle inapplicability to intermediate products; Upholds refund to manufacturer

HC upholds CESTAT order, affirms the view that assessee’s claim of excise duty refund on intermediate products (captively consumed) cannot be rejected on ground of ‘unjust enrichment&rsquo...View More

Cut-off date for delayed-refunds interest justified, but Revenue cannot withhold amount unauthorisedly

HC upholds constitutional validity of Section 54(1)(aa) of Gujarat Sales Tax Act which grants interest on delayed refunds arising out of assessments from April 1, 1993 onwards, states that such cut-of...View More

Allows credit on Mandap Keeper & Rent-a-Cab services, absent specific exclusion pre-2011 

P&H HC allows CENVAT credit on Mandap-Keeper services and Rent-a-Cab services under the scope of pre-amended “input service” definition under Rule 2(l) of CENVAT Credit Rules, absent s...View More

Compliance with 'input credit non-availment' condition impossible for imports; No exemption available

HC allows Revenue appeal, denies exemption under Notification No. 30/2004-CE to importer on account of non-compliance with condition of non-availment of CENVAT credit on inputs, as stipulated in provi...View More

ONGC ratio sub-silentio on Section 8(1) interpretation; Inter-State LPG supply exempt from tax

Gujarat HC grants relief to assessee, allows Central Sales Tax (CST) exemption on inter-State sale of LPG for domestic use despite insertion of expression “by the consumers of the State” w...View More