High Court Rulings


Disallows 'duty drawback' against wrong credit; Assessee can't profit from unjust benefit 

HC upholds rejection of 'duty drawback' filed beyond normal time limit on re-export of capital goods due to wrongful availment of CENVAT credit of additional customs duties; Despite knowledge, assesse...View More

Transportation charges taxable; Interest chargeable from sale date, not consideration receipt 

'Transportation charges' includible in taxable turnover for purpose of sales tax under Gujarat Sales Tax Act, 1969 (Act); Any amount received by assessee towards sale of goods required to be included ...View More

Dismisses Revenue appeals, education cess levy on DTA clearances appealable before SC 

Gujarat HC dismisses Revenue appeals against Tribunal order, question of Education and Secondary & Higher Education Cess levy (for the third time) on DTA sale by EOUs maintainable before SC; Follo...View More

Communicating CESTAT order to Commissioner 'due service'; Interest payable on delayed refund 

HC allows writ petition, grants assessee interest @ 6% p.a. on delayed refund of pre-deposit pursuant to favourable CESTAT order; Service of certified CESTAT order copy on Central Excise Commissioner ...View More

Allahabad HC admits writ; Bars non-advocates' appearance before VAT authorities 'in interim' 

Allahabad HC admits writ petition by Lawyers' Association challenging right of non-advocates to file returns and argue before VAT authorities; Petition challenges constitutional validity of Rule 73 r/...View More

Upholds Single Judge order; Doctrine of promissory estoppel rightly invoked against BoA 

HC upholds Single Judge order, doctrine of promissory estoppel rightly invoked against Board of Approval (BoA) decision; BOA withdrew customs / excise duty exemption granted on long conveyor belt syst...View More

Allows writ even if alternate remedy available; Holds sale as 'penultimate export'

HC allows writ, supply of submarine navy batteries which in-turn exported outside India, a 'penultimate sale for export'; Such sale eligible for sales tax exemption u/s 5(3) of Central Sales Tax Act, ...View More

Rejects extra-duty-deposit levy on related-party imports despite appeal pendency 

Loading 1% extra duty deposit (EDD) on imports from foreign affiliates under “special valuation” despite pendency of appeal in this regard before Tribunal, illegal & arbitrary; Rejects...View More

Input tax an 'advance tax'; Full ITC deductible for 'deferred tax' computation 

HC allows deduction of entire input tax credit (ITC) towards calculation of 50% ‘deferred tax’ payable upfront to avail exemption benefit by industrial units u/s 61(2)(d)(iii) of Haryana V...View More

Sec 12(1-B) interest applicable to short payment of 'tax due', not 'assessed tax' 

HC upholds Tribunal order, interest @ 2% p.m. leviable u/s 12(1-B) for short payment of tax inapplicable against final assessment order passed u/s 12(3) of Karnataka Sales Tax Act; Sec 12(1-B) attract...View More