High Court Rulings


Property attachment to recover erstwhile owner's tax dues illegal, statutory charge inapplicable 

Bombay HC allows assessee’s writ, no power with Revenue to attach property to recover sales tax dues of erstwhile owner as assessee not a successor-in- interest, therefore, not liable to pay tax...View More

Co-ordinate authority's revisional power un-affected by appeal pendency, brass not 'copper', disallows exemption

HC upholds Tribunal's order, exercise of revisional powers by co-ordinate authority i.e. Administrative Asstt. Commissioner, not trammeled by pendency of appeal before Appellate Asstt. Commissioner un...View More

Dredgers at par with cargo-vessel, Allows excess duty refund on bunkers thereof

HC upholds CESTAT order allowing refund of excess duty paid on Bunkers of vessel imported for dredging work and styled as a “Dredger”, corresponding to quantity available during export of ...View More

Shows "deference" to legislature; Exemption to theatre artistes non-discriminatory vis-a-vis film actors

​HC dismisses writ filed by film actor seeking parity with theatre artists with regard to service tax exemption, rejects contention of film actor petitioner that said exemption is discriminatory/ vi...View More

Refund on services consumed within SEZ, relates to 'duty-rate', appeal not maintainable 

HC dismisses Revenue's appeal, matter whether services consumed within SEZ stated to be exempt from tax, could be subject matter of refund claim, relates to determination of 'rate of duty”, not ...View More

Rebate appeal under Finance Act maintainable before CESTAT, relies on Glyph International

HC quashes CESTAT’s order, Revenue’s appeal w.r.t. rebate claim under Finance Act, 1994, maintainable before CESTAT; Appeal could not be dismissed for want of jurisdiction, various sub-sec...View More

Bombay HC sets 8 weeks deadline to dispose VAT refund applications

Bombay High Court directs VAT Dept. to process refund applications within 8 weeks in all pending cases ; HC expresses that such applications to be processed expeditiously ; Further, accepts Commission...View More

Can't enforce 'indemnity bond' upon dealer, where original Form 'C' misplaced by authority  

HC allows writ, no hard and fast rule to deny assessee​-dealer's​ request to accept duplicate copy of Form ​'​C​'​, when authority misplaced original document for whatever reason; Assessee...View More

Onus on Revenue to prove wilful neglect; Absent evidence, penalty not imposable

HC upholds Tribunal order deleting penalty imposed u/s 36(2)(c) r/w Explanation-I of Bombay Sales Tax Act, 1959 (BST Act), absent gross or wilful neglect on part of assessee; Tribunal rightly relied o...View More

Laments CESTAT for non-application of mind; Must consider germane tests for pre-deposits 

HC partly allows assessee’s appeal, laments CESTAT for ordering pre-deposit without application of mind, reduces amount from Rs 1 Crore to Rs 30 lakhs; CESTAT ought to consider relevant and germ...View More