High Court Rulings


Adjudication of all refund objections must, Directs CBEC to issue administrative guidelines

HC calls for administrative guidelines for deciding of refund claim objections by Assessing Officer / first Appellate Authority; Directs CBEC to issue Circular to avoid prolonged litigation, in intere...View More

Upholds appeal dismissal on failure to pre-deposit, Relies on Bhavya Apparel ruling 

Failure to comply with order of pre-deposit necessarily entails dismissal of appeal u/s 35B of Central Excise Act; Rejects assessee's contention that non-compliance with pre-deposit must result in dec...View More

Allows interim stay on recovery pending Service Tax Amnesty application 

Allows stay of garnishee proceedings for recovery of service tax dues pursuant to search; Assessee made an application under Service Tax Amnesty Scheme and prima facie demonstrated fulfilment of eligi...View More

Enhanced Customs duty applicable where duty revised at time of delivery 

Confirms enhanced customs duty on import of gold made earlier by State Trading Corporation on behalf of assessee, where duty revised at the time of delivery to the assessee; Enhanced rate of duty appl...View More

Speed post valid method of serving order; Appeal barred by Limitation 

Service of order through speed post a valid mode of service u/s 37C of Central Excise Act; No difference between registered post and speed post since both sent through same agency; Pasting of order at...View More

No service tax on Clubs, Accepts 'mutuality' contention 

Club services to members not taxable u/s 65(105)(zzze) r/w Sec 65(25a) and 66 of Finance Act; Accepts petitioners' plea on mutuality principle, whereby transaction between club and its members cannot ...View More

Directs pre-deposit distinguishing AP HC Ruling, Input credit on construction services not available 

Directs pre-deposit of 35% of CENVAT Credit on inputs used for construction of building (i.e. mall), however clearly holds that observation would not affect merits of case; Assessee can't claim credit...View More

Show-cause despite favourable Tribunal ruling invalid, Revenue's actions create 'multiplicity of proceedings' 

Show Cause Notice (SCN) invalid as matter already settled by Tribunal in Sarla Performance Fibers Ltd. (on issue of levy of education cess on excise duty, against EOU's domestic clearances); Tribunal'...View More

1 year limitation for SAD refund applicable from provisional / final assessment 

Refund of 4% special additional duty (SAD / Special CVD) can be filed within longer of two periods i.e one year from date of provisional assessment or from final assessment date; Harmoniously construc...View More

IBM succeeds in transfer from LTU before Karnataka HC, uses RTI 

Allows writ petition to transfer IBM's pending assessment and other proceedings from LTU to normal jurisdiction; IBM filed application intimating authorities its intention to opt out of LTU; Request t...View More