High Court Rulings


Refuses Bank Guarantee as sole security towards EPCG-obligation discharge; Directs cash deposit

HC denies permission to assessee to furnish security by way of bank guarantee in the event of default of EPCG license obligation extended by 10 years under approved BIFR scheme; Finds assessee’s...View More

'Bitumen emulsion' relatable to "Bitumen" entry; Taxable at concessional, not residuary rate

HC upholds classification of ‘bitumen emulsion’ as “bitumen” under Entry 14 of Part-I of Schedule C to West Bengal VAT Act, taxable at concessional rate of 5%; Relying on SC ru...View More

Overrules Single Judge; No purchase tax on SEZ - DTA stock transfer across States 

HC reverses Single Judge order, no purchase tax under Tamil Nadu VAT Act applicable on inter-state stock transfer to DTA branches by SEZ unit, in terms of Sec 12(1)(a) of Tamil Nadu SEZ Act; Such acti...View More

Quashes Customs's show-cause notice on issues examined by DGFT

HC allows writ petition filed by the assessee-exporter, quashes show-cause notice issued by the customs authorities allegging irregularities in exports; HC notes that DGFT had already examined in deta...View More

Upholds entry tax levy on dealers carrying business within railway area

HC rules in favor of Revenue, dealers carrying-on business in railway area liable to pay entry tax upon the goods brought into the railway area under Chhattisgarh's 1976 entry tax law; HC rejects asse...View More

Refund consequent to encashment of bank guarantee must satisfy 'unjust enrichment' test 

HC rules in favor of Revenue, holds that the 'principle of unjust enrichment' would be applicable to every case of refund claim irrespective of the reason for claiming such refund, relies on principle...View More

Rejection of Amnesty applications by subordinate officers unsustainable, absent delegation by Commissioner 

HC rules in favour of assessees, rejection of applications under Delhi Tax Compliance Achievement Scheme, 2013 (Scheme) by Addl. Commissioner acting as ‘Designated Authority’ unsustainable...View More

Dismisses challenge to VAT exemption on liquor sale in rural Bars / Restaurants 

HC’s Single Judge Bench dismisses writ petition challenging constitutional validity of Notification dated February 28, 2014 exempting Bar & Restaurants in rural areas from tax under Karnatak...View More

Importer liable to pay demurrage even if detained goods found validly imported 

HC rules on issue of detention / demurrage charges and applicability of Section 45 of Customs Act, holds that demurrage / godown rent and container charges are payable even when importer is ultimately...View More

Exclusion of inter-state purchases in revised returns genuine mistake; C-Forms rejection unjustified 

HC directs issuance of C-Forms to dealer towards concessional central sales tax on inter-state purchases, states that assessee has offered valid explanation about genuine mistake in not including same...View More