High Court Rulings


Machines closed for period spilling over 2 months eligible for duty abatement 

Allows proportionate excise duty abatement under Rule 10 of Pan Masala Rules, 2008, on machines sealed for continuous period of more than 15 days; As long as days of closure were consecutive, it would...View More

Waives service tax pre-deposit, equates condition for invoking Sec. 73 with Sec. 78 

Conditions for invoking Sec. 73 (demand for extended period) and Sec. 78 (imposing penalty) of Finance Act identical; Waives pre-deposit of service tax demand by Tribunal under Goods Transport Agency ...View More

Rebate admissible as manufacturer-exporter only where activity amounts to manufacture 

Rebate under Rule 18 of Central Excise Rules, 2002 to manufacture-exporter available only if underlying activity amounts to manufacture; Rebate not available where goods were manufactured and cleared ...View More

Allows appeal to State Appellate Tribunal against rejection of stock transfer exemption 

Allows appeal to State Appellate Tribunal u/s 18(A) of CST Act, against rejection of CST exemption on inter-state stock transfer u/s 6A; Rejects Revenue's plea that Assessing Authority exercised power...View More

Allows input credit on electricity generated and supplied to other unit 

Allows MODVAT credit on Furnace Oil and other eligible inputs used in generation of electricity supplied to another unit; Holds MODVAT credit available, where dual units run at one place, producing tw...View More

CHA not obliged for use of goods after clearance from Customs 

No obligation cast upon Customs House Agent (CHA), once goods cleared out of customs charge; CHA not obliged to ensure that goods are used for purpose as stated in Advance Authorisation, once goods cl...View More

Mandatory time frame for input tax credit claim constitutionally valid 

HC upholds constitutional validity of Sec. 19(11) of Tamil Nadu VAT Act (Act), stipulating specific time frame of 90 days or financial year end, whichever is later, for availment of input tax credit (...View More

Allows credit under reverse charge mechanism, though no taxable service rendered 

Person not providing any taxable service, but liable to pay service tax on input services under reverse charge mechanism, eligible to CENVAT credit; Such person deemed to be output service provider as...View More

Allows simultaneous customs duty exemption under two notifications, pending final CBEC decision 

Allows simultaneous customs duty exemption under two different notifications for coal imports from Indonesia; Simultaneous duty exemption available pending final CBEC decision which is evaluating the ...View More

Pre-2004, input credit available for scrap generated during manufacturing of exempted goods 

Allows credit on inputs (i.e. plastic granules) proportionate to waste and scrap generated during manufacture of exempted final products (i.e. intravenous fluids); Since waste and scrap liable to duty...View More