High Court Rulings


Proposed Revenue SLP no ground to withhold eligible input tax refund

HC allows writ, directs refund of excess input tax claim kept in abeyance by Assessing Authority on account of SLP proposed to be filed by Dept. challenging dicta laid down by HC's Division Bench in c...View More

CESTAT's power to stay demand 'directory', not 'mandatory'; Strict interpretation defeats justice 

HC rejects Revenue appeal, rules on CESTAT’s power to extend stay beyond period of 365 days stipulated u/s 35C(2A) of Central Excise Act; Sec. 35C(2A) stating that, "Tribunal shall, where it is ...View More

Upholds confiscation; 'Non-Basmati rice' prohibited for export; Relies on AGMARK testing report 

HC allows Revenue appeal, upholds Additional Commissioner's order that assessee exported ‘non-Basmati rice’, which is prohibited for export in terms of DGFT Notification dated November 5, ...View More

Allows Revenue's writ; Settlement Commission barred from entertaining application w.r.t. seized gold 

HC allows Revenue’s writ, Settlement Commission barred from entertaining application in relation to seizure of smuggled gold; Plain reading of third proviso to Sec 127B(1) of Customs Act indicat...View More

Bamboo extraction from Forest Dept coupes merely 'profit a prendre', not 'sale' 

HC dismisses State Revenue’s revision applications, bamboos delivered to assessee from Forest Dept. extracted coupes not exigible to tax u/s 6-A of Andhra Pradesh General Sales Tax Act, 1957 (AP...View More

'Manufacturing loss' inevitable; CENVAT Credit available on entire inputs going into production 

HC allows assessee’s appeal, credit available on entire quantity and value of inputs that went into making of finished goods viz. fabric, including portion of loss incurred during manufacturing ...View More

Stays pre-deposit; CNG distribution through own retail outlets, prima-facie not 'service' 

HC grants unconditional stay, agreement with Indraprastha Gas Ltd (IGL) for distribution of CNG through assessee owned/leased retail outlet, prima-facie not 'Business Auxiliary Service'; Assessee reli...View More

Deprecates practice of ante-dating orders; Imposes exemplary costs, recoverable from tax official 

HC raps Revisional Authority for ante-dating order to circumvent prescribed limitation period u/s 22A(4) of Karnataka Sales Tax Act; As per said section, order on suo moto ought to be passed within 4 ...View More

Allows refund on tanned hide/skin sale; Revisional order outside limitation period 

HC upholds Tribunal findings that Deputy Commissioner (DC) order revising 'refund order' outside limitation period prescribed u/s 20(3) of Andhra Pradesh General Sales Tax Act, applies Division Bench ...View More

Raps Revenue's high-handedness; Interest on delayed refunds payable from 'application' date 

HC dismisses Revenue appeal, interest on delayed refunds u/s 27A of Customs Act payable within 3 months from date of application, till date of actual payment; Rejects Revenue contention that Explanati...View More