High Court Rulings


Absent provision, no interest on delay in payment of crude oil cess 

Interest on delayed payment of cess on crude oil to be levied only if the charging statute, i.e. Oil & Industrial Development Act ('OID Act') makes substantive provision; OID Act having no provisi...View More

Installation & testing charges includible in assessable value; Liable to Excise duty 

Installation and testing charges of D.G. sets form part of assessable value for computing excise duty liability; Rejects assessee’s claim that such charges not part of manufacturing activities; ...View More

Reimbursable expenses not includible in taxable value of C&F service 

Expenses reimbursed to C&F agents for providing taxable services to clients not a part of remuneration / commission; Phrase ‘by whatever name called’ appearing in Rule 6(8) of Service ...View More

Grants excise duty exemption on goods supplied to contractors for UN projects 

Grants excise duty exemption on supply of goods to Govt of India approved projects, financed by UN or International Organisation; Supply of goods to contractors instead of Project Implementing Authori...View More

Upholds interest for violation of post importation conditions after availing concessions 

Rejects assessee’s contention that, no interest can be levied u/s 28AB, for violation of post importation condition; Interest payable under Rule 8 of Customs (Import of Goods at Concessional Rat...View More

Strikes down levy of service tax on AC restaurants & hotels 

Levy of service tax in relation to serving of food and beverages by restaurants, hotels, inns, guest-house, clubs or camp-sites under Sec 65(105)(zzzzv) & (zzzzw) of Finance Act, unconstitutional;...View More

Regulation 8(5) of CHALR not discriminatory; Temporary licence-holders & fresh applicants distinct 

Holds temporary licence-holders under Customs House Agents Licensing Regulations (CHALR), 1984 distinct from new applicants applying for licence under the 2004 Regulations; Requirement of qualifying t...View More

Denies credit of stock broker services; No nexus with company's main object 

Denies credit of service tax paid on stock broker services for sale of shares; Rejects assessee's contention that sale proceeds invested in business activities, hence relatable to manufacture and supp...View More

Rejects film producers /distributors' petition, Upholds service tax levy on 'Copyright'

Madras HC rejects writ petition by film producers & distributors challenging constitutional validity of levy of service tax on copyright; Upholds levy of service tax on temporary transfer or permi...View More

Service tax, not VAT applies on franchisee agreement, relies on BSNL ruling

Royalty received under franchise agreement for use of trademark liable to service tax and not Kerala VAT; Right to use trademark under franchise agreement a 'mere license to use', not an absolute tran...View More