High Court Rulings


Quashes adjudication order; Freight collected from customers towards transportation prima facie not taxable 

HC sets aside Adjudicating Authority’s order which included ‘freight’ collected from clients & paid to transporters while computing assessee’s service tax liability; Accept...View More

Limitation period prescribed for 'refund' inapplicable to 'rebate' claimed under Rule 18 

HC dismisses Revenue's appeal, rebate claim filed under Rule 18 of Central Excise Rules, 2002 (CER) not subject to one year limitation as prescribed for claiming refund u/s 11B of Central Excise; Upho...View More

Warehouse custodian bound by license T&C; Demurrage irrecoverable upon seized goods release 

No warehouse charges recoverable by ‘custodian’ on release of seized imported consignments, when terms & conditions of appointment u/s 45 of Customs Act r/w Regulation 6(I) of Handling...View More

Lease occasioning equipment movement between States constitutes 'inter-state' sale; Distinguishes BSNL ratio 

Supply of equipment under lease agreement from one State to another for use by assessee (lessee) in electricity generation & distribution constitutes deemed ‘inter-state’ sale within t...View More

Denies 'customs' drawback where inputs received duty free; Duty components bifurcation impermissible 

HC upholds lower authorities' orders, 'Customs' drawback under Notification No. 26/2003-Cus not available where goods exported by EOU availing benefit under Rule 19(2) of Central Excise Rules, 2002 (C...View More

Leasing of tricycles / deep-freezers to distributors constitutes "sale"; Grants concession on inter-state purchases

HC allows writ petitions, holds assessee (dealer of Vadilal products) entitled to Form-C for purchase of tricycles and deep-freezers from outside State, at concessional CST; Notes that said goods were...View More

Commissioner's administrative order prohibiting Customs Broker must adhere to natural justice principles

HC upholds Writ Court's view that administrative orders which affect rights of party can be passed only by following principles of natural justice, sets aside prohibition order of Commissioner of Cust...View More

Criticizes Revenue's dubious approach of attaching Flipkart's bank accounts; Quashes ex-parte assessments

HC quashes ex-parte assessment orders under UP VAT and CST Acts absent valid service of summons at correct place of business, finds garnishee notices and subsequent withdrawal of Rs 49.82 Cr from atta...View More

Enforcement Officer's default assessment order lacks jurisdiction, Commissioner cannot delegate said power

HC allows writ, default assessment orders of tax, interest and penalty passed by Enforcement Officer (AVATO Enf-I) without jurisdiction, Special Commissioner only authorised undertaking of audit, inve...View More

Tribunal's conclusive order not rectifiable basis subsequent differing view of higher forum 

HC dismisses Revenue's appeal, a decision which has attained finality cannot be upset merely on the ground that, subsequently higher forum took a different view; Rejects Revenue's contention that post...View More