High Court Rulings


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

Admonishes Revenue's approach in pursuing Court matters; Refuses to condone 422 days' appeal delay 

HC refuses to condone 422 days’ delay on Revenue’s part and consequently, its attempt to restore central excise appeal to Court’s Registry; Comes down heavily on Revenue / Govt. offi...View More

Upholds assessee's early hearing application dismissal; CESTAT's cryptic order sans reasons, inconsequential 

HC dismisses assessee's appeal, upholds CESTAT's dismissal of assessee's early hearing application absent merits; Rejects assessee's contention that CESTAT failed to follow Rule 28C of Customs, Excise...View More

Allows importer refund of duty 'borne'; B/E assessment irrelevant; Distinguishes SC ratio 

Delhi HC allows writ petitions against rejection of refund claims filed u/s 27 of Customs Act towards excess CVD paid on import of mobile phones; Holds that rejection of refund on ground that duty was...View More

Condones delay; Excludes time spent in prosecuting appeal before jurisdictionally deficient Court

Bombay HC condones delay in filing appeal, holds that period for which appeal remained pending before jurisdictionally deficient Court excludible for computing statutory period of 180 days prescribed ...View More

Pre-deposit a procedural condition, violation thereof cannot extinguish statutory appeal right, pre-August 2014 

Right to appeal a statutory right and pre-deposit only a procedural requirement, hence, delay in fulfilling said requirement cannot extinguish substantial right of appeal, distinguishes SC ruling in L...View More

Absent specific provision under Automobile Cess Rules, rejects penalty imposition under Excise law 

HC upholds CESTAT’s findings, absent specific provision for penalty, either under Rule 3 of Automobile Cess Rules, 1984 (Cess Rules) or parental Act, Industries (Development and Regulation) Act,...View More

Inclusion of exports to Nepal for SSI exemption threshold computation post-2012, unconstitutional

Gujarat HC declares inclusion of export clearances to 'Nepal' for computing SSI exemption threshold of Rs. 1.5 Cr as per Explanation Clause (G) to Notification No. 8/2003 as 'unconstitutional' w.e.f. ...View More

No anti-dumping duty between 'provisional' & 'final' imposition period; Applies SC ratio

HC allows writ, no anti-dumping duty (ADD) can be levied and collected during “gap period” between lapse of provisional duty (which is 6 months from date of imposition) and imposition of f...View More

Applies 'de facto doctrine'; Single Member can act as Tribunal during quorum inadequacy 

HC quashes challenge to jurisdiction of single Member bench of Appellate Tribunal (AT) to hear and decide appeals u/s 73 of Delhi VAT Act (DVAT Act); Rejects assessees’ contention that in the ab...View More