High Court Rulings


Upholds purchase tax on diamonds embedded into jewelry; Relies on SC ruling 

Diamonds purchased by assessee from unregistered dealer and consumed in making jewelry, liable to purchase tax at @ 2% u/s 6 of Karnataka Sales Tax Act, 1957; Sec 6 provides that every dealer who purc...View More

Input stock credit irreversible upon final product exemption absent statutory provision pre-2007 

Credit of duty paid on inputs lying in stock or contained in final products not reversible pursuant to finished goods becoming exempt, absent any statutory provision to this effect prior to 2007; Reli...View More

Rejects Revenue appeal; Upholds Single Judge order allowing arrears payment in instalments 

HC dismisses Revenue appeal, upholds Single Judge order allowing liquor manufacturer to pay defaulted dues / arrears u/s 42 of Tamil Nadu VAT Act in instalments; Sec 42 of Act empowers authorities to ...View More

Dismisses Revenue appeal; Allows import of branded mobiles with OEMs' IMEI number 

HC upholds Tribunal order allowing import of branded mobile handsets (Mobiado) carrying IMEI numbers of original equipment manufacturers (OEM) like Nokia and Samsung; Rejects Revenue contention that i...View More

Recalling ex-parte order distinct from 'review'; Such power inherent in judicial / quasi-judicial forums 

HC quashes Tribunal order rejecting assessee’s application, power to recall ex-parte order inherent in judicial or quasi-judicial authority / forum, as distinct from power to review; Such power ...View More

Assessment can be reopened based on Revenue clarification, however, mechanical application unsustainable 

Clarification issued by Commissioner under Tamil Nadu General Sales Tax Act can be sole basis for reopening or revising assessment; However, assessment orders finalised solely based on such clarificat...View More

Exemption Notification interpretation involves 'duty rate' determination; Appeal before HC not maintainable 

HC cannot maintain appeal w.r.t. interpretation of exemption Notification since it ultimately involves determination of rate of duty payable; Issue involves interpretation of Notification No. 23/2003-...View More

Rejects writ; Assessee procrastinated appeal filing, can't take recourse to Limitation Act

HC dismisses assessee's writ, Commissioner justified in dismissing appeal on ground of limitation absent any interim or ad interim relief staying operation, implementation or execution of order; Time ...View More

Settlement Commission must consider matter not pending before Authority; Splitting claims permissible 

HC allows ​writ, rejection of assessee’s application by Settlement Commission on ground that matter w.r.t. differential duty demand pending before Excise Authority, erroneous; Assessee receive...View More

Failure to consider assessee's contentions vitiates Revisional Authority's power; Allows assessee's writ

HC quashes Revisional Authority’s order, rejecting time-barred drawback claim without considering assessee’s supplementary claims on merits, condonable under Rule 17 of Drawback Rules in l...View More