High Court Rulings


Dismisses Revenue appeal; CESTAT's LB reference not 'order' appealable to higher forum 

HC rules in assessee’s favour, appeal u/s 130A of Customs Act (Act) not maintainable against reference made by CESTAT to Larger Bench (LB) on ground that conflicting views exist on same issue be...View More

Absent allegation / evidence, noticee not answerable for 'charge' not raised in SCN 

HC dismisses Revenue appeal, assessee cannot be asked to answer a charge not raised specifically in show cause notice (SCN) issued u/s 28 of Customs Act; SCN issued alleging suppression of quantum of ...View More

Condones delay; Societies' elections acrimonious affair; Agricultural produce auction prima-facie not 'service' 

HC condones delay in filing appeal by agricultural producers co-operative marketing societies established under Tamil Nadu Cooperative Societies Act, on account of 'elections'; Observes, it is common ...View More

Limitation period for goods seizure construable from notice 'dispatch', not 'receipt' date 

HC dismisses writ petition, 6 months limitation period for issuance of show cause notice (SCN), contemplated w.r.t. seizure of goods u/s 110(2) of Customs Act to be calculated from date of 'dispatch',...View More

Allows credit; Interprets Notification exempting job-work service upon duty discharge by principal-manufacturer 

HC upholds CESTAT order, Notification No. 8/2005-ST providing exemption w.r.t. service of ‘production of goods on behalf of client’ u/s 65(19)(v) of Finance Act ‘conditional’ i...View More

Admonishes inordinate delay in passing adjudication order; To scrutinise pending Commissionerate matters 

HC admonishes Service Tax Commissioner’s delay of almost 22 months in passing adjudication order post personal hearing, without any explanation; States, even if there is any restructuring and re...View More

Absent specific Entry, generic / dictionary meaning acceptable; 'Refactory bricks' taxable at lower rate 

HC upholds Sales Tax Tribunal findings, refractory bricks taxable @ 5% under Entry 32 of Schedule I of Andhra Pradesh General Sales Tax Act, which inter alia includes bricks, tiles and granite stones;...View More

LB affirms CESTAT powers to extend stay beyond 365 days absent assessee's fault 

HC Larger Bench confirms Division Bench view, CESTAT empowered to grant / extend stay of recovery of demand beyond 365 days from passing of stay order, where delay in disposal of appeal not attributab...View More

Revenue's insistence for online declaration forms 'onerous' absent provisions in Statute 

HC allows writ, absent specific rule in Puducherry VAT Rules or in Central Sales Tax (CST) Rules, Revenue’s insistence on online uploading of declaration forms, an onerous condition; Revenue has...View More

Denies CST exemption on packing material absent inextricable link with export goods 

HC upholds Single Judge order denying central sales tax (CST) exemption on sale of packing material viz. paper cartons to exporter of goods, finds such sale not ‘in course of export’ u/s 5...View More