High Court Rulings


Rejects simultaneous penalties u/s 76 & 78 pre-May 2008; Amendment clarificatory, covers earlier period 

HC rejects CESTAT findings, penalties not simultaneously imposable u/s 76 and 78 of Finance Act, 1994, even before insertion of proviso to Section 78 w.e.f. May 2008, relies on various HC rulings in t...View More

Quashes DGFT clarification; No cap on 'IEIS-scrip' value, subject to "greater scrutiny"

HC allows writ petitions, quashes DGFT clarification dated September 23, 2014 restricting the benefit of ‘Incremental Export Incentivisation Scheme’ (IEIS) for last quarter of 2012-13 to 2...View More

Denies DEEC-Drawback shipping bill conversion; Drawback conditions 'clarificatory', applicable to past exports

HC rejects assessee's claim for conversion of Duty Exemption Entitlement Certificate (DEEC) shipping bill into Drawback shipping bill, sought on account of failure to utilize Advance License for duty ...View More

Upholds Tribunal order; Absent 'prejudice', ex parte revision basis records with AO sustainable 

HC refuses to exercise powers u/s 61 of Bombay Sales Tax Act, upholds Tribunal order dismissing reference application against revision of assessment order for the period 1992-93; Revising Authority pa...View More

Rejects best-judgment plea; Revenue can call records for assessing incorrect belated returns 

HC rules in favour of Revenue, upholds assessment u/s 33(3) of Bombay Sales Tax Act and consequent penalty in terms of Explanation I to Sec. 36(2)(c) thereof; Rejects assessee’s stand that since...View More

Upholds CENVAT credit cross-utilisation between 2 units, before 'pro rata distribution' criteria imposition

HC upholds CESTAT order, allows cross-utilisation of CENVAT credit between 2 units without pro rata distribution by input service distributor (ISD), absent any restriction before insertion of clause (...View More

Quashes purchase tax where goods branch transferred for export from transferee State 

HC quashes levy of purchase tax u/s 4(4)(iii) of APVAT Act on stock transfer of goods against ‘Form F’ intended for exports through branch in another State (i.e. Kerala), holds State of AP...View More

No coercive action against MakeMyTrip; Vice President (Finance) to comply with bail conditions

Delhi HC admits writ petition, refrains DGCEI from taking coercive steps against MakeMyTrip or any of its officials till next hearing in case involving failure to deposit service tax dues collected fr...View More

Allows Mercedes' appeal; Quashes CESTAT's "manufacture : trading turnover" ratio for credit apportionment 

HC allows Mercedes Benz's appeal, sets aside CESTAT order to the extent it directed apportionment of credit of common input services used both in relation to manufacture of goods and trading activitie...View More

Pure labour contracts outside 'works contract tax' purview; Not includible towards 'composition'

HC sets aside assessment orders, no sales tax exigible on pure labour contracts under Delhi Sales Tax on Works Contract Act 1999 (Act); Combined reading of Act & Rules thereof indicates that same ...View More