High Court Rulings


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

Upholds re-assessment; No natural justice principles violation; Insistence on records production justified

HC rules in favor of Revenue, Assessing Officer (AO) justified in insisting upon production of books of account before supplying certified copy of seized documents and reason for reopening assessment;...View More

Audit assessment cannot be invoked after completion of assessment of escaped turnover 

HC rules in favor of assessee, turnover cannot be said to have escaped assessment if proceeding in respect thereof under either of Sections referred to in Section 43 of Orissa VAT Act 2004 (OVAT Act),...View More

Grants AIR duty-drawback; Cannot call upon manufacturer-exporter to prove actual duty payments 

HC rules in favor of assessee, Flanges manufactured by forging eligible for duty drawback at All Industry Rates under SS 73.29 of Drawback Schedule 2002-03 and/or SS 73.28 of Drawback Schedule 2003-04...View More

Directs adjustment of excise dues inadvertently deposited under ST Head; Accounts closing irrelevant

HC rules in favour of assessee, directs Revenue to adjust excise duty amount pertaining to March 2014 inadvertently paid under Service Tax Code ‘0044’ towards excise liability of said mont...View More

Strictly interprets Sec. 112; Quashes Rs. 10 Cr exemplary penalty for smuggling unprohibited gold

HC allows writ petition, quashes exemplary penalty of Rs 10 Cr imposed u/s 112 of Customs Act on gold smugglers; Expression “goods in respect of which any prohibition is in force" in the context...View More

Transfer of goods essential to constitute 'sale'; ITC unavailable against mere invoices 

HC dismisses writ petitions, holds that transfer of property in goods is essential and sine qua non for any contract of sale, mere sale invoices alone not enough to prove transaction of goods from dea...View More

CESTAT Judicial Member's roster "temporary arrangement"; Expresses concern over Presidential post vacancy 

Matters before CESTAT to proceed as per roster prepared by Member (Judicial) till appointment of new President, directs HC in writ petition against Central Govt. order dated April 29, 2016 authorizing...View More

Allows Revenue appeal; No input credit against 'endorsed' invoices post April 1994 

HC reverses CESTAT decision, disallows MODVAT credit under Rule 57G of Central Excise Rules on the basis of invoices endorsed by consignee; Said Rule amended w.e.f. April 1, 1994 by which invoices iss...View More