High Court Rulings


Seized imported gold jewellery construable as "prohibited goods", provisional release not warranted 

HC rejects assessee’s appeal for provisional release of confiscated gold jewellery alleged to be smuggled from Singapore; Rejects assessee’s contention that gold is not ‘prohibited g...View More

Invokes 'promissory estoppel'; Absent public interest, premature Industrial Policy exemption withdrawal unsustainable 

Tripura HC sets aside Notification No. 11/2007-CE inasmuch as it sought to prematurely withdraw exemption benefits granted under North-Eastern Industrial Policy 1997 r/w Notification Nos. 69/2003-CE, ...View More

Supply / fabrication of aluminium doors at customer's site constitutes 'works-contract', not 'outright sale' 

HC allows writ appeal, holds that supply and fabrication of aluminium doors & windows at customer’s site as per specified requirements amounts to ‘works contract’ and therefore, ...View More

Quashes default-assessment notices, directs refund; Imposes exemplary costs for Officer’s ‘inexcusable’ conduct 

HC sets aside notices issued for default assessment of tax, interest and penalty u/s 32 & 33 of Delhi VAT Act (DVAT Act), in lieu of processing refund of excess input tax credit for Q4 of 2013-14 ...View More

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