High Court Rulings


Condones 168 days delay in filing appeal due to consultant's lapse 

HC condones delay of 168 days in filing appeal before CESTAT; Delay occurred on account of file being misplaced in consultant’s office due to shifting / renovation; Holds that lapse or negligenc...View More

Upholds pre-deposit; Input credit of trading / real-estate prima facie doesn't warrant complete waiver 

HC upholds pre-deposit, input credit availment of services utilised towards trading and real estate business prima facie does not warrant complete waiver; Rejects assessee’s contention that non-...View More

Tribunal majority ruling incorrect; Stays switchgear products' assessment u/s 4A pre-March 2008 

HC rules Third Member Tribunal ruling on switchgear products’ retail sale price valuation u/s 4A of Central Excise Act prior to March 1, 2008 ought to be set aside; Third Member failed to consid...View More

Interprets meaning of "gutkha"; Branded gutkha taxable as "unclassified good" 

Sale of branded gutkha during AY 2001-02 liable to U.P. Trade Tax @ 10% as “unclassified goods” r/w Notification dated June 1997; Rejects assessee’s contention that since Gutka liabl...View More

Overrules Tribunal ruling; Tax evasion intention must before goods seizure 

Tax evasion intention sine qua non for seizure of goods; HC quashes Sales Tax Tribunal’s order of seizure on the ground of undervaluation vis-a-vis city retail selling rate; Accepts assessee&rsq...View More

Sets aside pre-deposit; Coal loading supervision prima facie not 'BAS' before June 2005 

HC allows writ, prima facie case made by assessee that services of liaisoning and monitoring movement of coal on behalf of clients taxable as ‘commission agent’ only w.e.f. June, 2005; Com...View More

Guilt must be proven; CHA license not deniable on mere criminal allegations 

HC allows writ, Customs House Agent (CHA) License cannot be denied merely on presence of criminal charges against applicant; HC says, it is totally arbitrary and against all norms of fair play to depr...View More

Off-the- shelf exchange of defective products not sale; Repair charges not sale price 

Off-the-shelf exchange of second-hand repaired compressors with defective ones not ‘sale’ within Sec 2(28) of Bombay Sales Tax Act; Rejects Revenue's contention that such transaction const...View More

Commissioner’s suo-moto revision powers not invocable simply on non-satisfaction of original assessment 

HC quashes Sales Tax Commissioner’s re-assessment order invoking suo-moto powers u/s 36(1) of Assam General Sales Tax Act; Commissioner cannot substitute own opinion over conclusion of Assessing...View More

Dismisses writ; Alternate remedy for works contract TDS must first be resorted

HC dismisses writ petition seeking to restrain Railways from deducting tax at source while making payment against total value of works contract; HC directs assessee to resort to provisions of Sec 47 o...View More