High Court Rulings


Upholds Excise Officer's jurisdiction to issue notice for violation of Customs provisions 

HC upholds Single Judge Bench order, finds no reason to interfere with show cause notice issued by Central Excise Officer alleging misuse of advance authorization scheme by diverting imported inputs /...View More

Upholds 'Capital goods' definition with end-use conditionality; Rejects Article 14 challenge 

Madras HC quashes challenge to the definition of ‘capital goods’ u/s 2(11) of Tamil Nadu VAT Act, holds that same does not violate Articles 14, 286(1) or 303 of Constitution nor does the p...View More

Allows writ; Quashes orders rejecting CVD refunds for Officer's 'non-application of mind' 

HC sets aside orders of Dy. Commissioner rejecting claims for refund of excess countervailing duty paid during imports, u/s 27 of Customs Act; Claims were rejected with a finding that “refund of...View More

Anti-dumping duty on imports includible in finished goods’ sale price upon SEZ-DTA clearance 

Madras HC holds that Anti-Dumping Duty (ADD) leviable on components imported by SEZ unit (assessee) from China would form part of ‘sale price’ of goods manufactured and sold to DTA purchas...View More

Disallows Terminal Excise Duty refund on intermediate goods; DTA - EOU supplies exempt ab-initio 

Bombay HC upholds rejection of Terminal Excise Duty (TED) refund claims filed by EOU-assessee against supplies of intermediate goods from sister DTA unit; Notes that Paras 6.2(b) and 6.11(c)(ii) of FT...View More

Disallows dual benefit of rebate and drawback on export; Distinguishes 'Spentex' ruling

HC disallows rebate of excise duty paid on exported goods under Rule 18 of Central Excise Rules since assessee had availed duty drawback thereon in terms of Customs, Central Excise Duties and Service ...View More

Appellate fora’s reconsideration of ‘clandestine removal’ absent Revenue challenge to adjudication, unsustainable 

HC rules partially in favour of assessee, sets aside directions / observations of Commissioner (Appeals) and CESTAT inasmuch as they adjudicated upon the aspect of clandestine removal of goods, despit...View More

Monsanto's seed technology transfer liable to VAT, but Subway franchises mere 'service' 

Bombay HC dismisses writ petition filed by Mahyco Monsanto Biotech (India) Pvt. Ltd. (Monsanto) challenging levy of Maharashtra VAT on supply of hybrid cotton seed impregnated with proprietary protect...View More

Upholds service-tax on restaurants applying 'aspect doctrine', but grants relief to hotel accommodations 

HC upholds constitutional validity of Sec. 65(105)(zzzzv) and Sec. 66E(i) r/w Sec. 65(22) & Sec. 65(44) of Finance Act and Rule 2C of Service Tax (Determination of Value) Rules 2006, inasmuch as s...View More

'Appeal' delay condonable under Limitation Act; But, rebukes Revenue's dilly-dally, no 'sufficient cause'

HC refuses to condone delay of 548 and 2288 days in filing appeals u/s 27 of MVAT Act by Revenue against Maharashtra Sales Tax Tribunal orders, absent ‘sufficient cause’; Notes that as per...View More