High Court Rulings


Anti-dumping duty provisions under Customs Tariff Act "complete code"; Allows duty refund 

HC upholds Tribunal order, allows refund of anti-dumping duty (ADD) paid under protest at the time of import; Scheme of levy of ADD, including its refund under Customs Tariff Act (CTA) different from ...View More

Allows exemption on High Speed Diesel oil as 'Fuel' for manufacturing activity 

HC allows tax exemption on High Speed Diesel (HSD) / LD oil as ‘fuel’ u/s 4 of erstwhile UP Trade Tax Act; Sec 4-B exempts materials used in ‘Fuel’ essentially used for generat...View More

Lays illustrative guidelines for pre-deposit adjudication; 'Arguable' / 'non-debatable' matters warrant pre-deposit 

HC dismisses writ, lays down illustrative guidelines for adjudication of pre-deposit applications u/s 35F of Central Excise Act relying on SC ruling in Benara Valves Ltd; Where on reading of rejection...View More

Land revenue recovery from auction purchaser's assets void ab initio 

HC allows writ petition, question of belated filing of writ does not arise where action complained against ‘non est’; Recovery of land revenue against bonafide purchaser’s properties...View More

Objection Hearing Authority cannot direct interest recovery on non-submission of unavailable declarations 

HC sets aside Tribunal order directing Objection Hearing Authority (OHA) (i.e. Commissioner) to exercise jurisdiction to impose interest u/s 74(7) of Delhi Value Added Tax Act, 2004 (Act); Althou...View More

Admonishes advocates' absence in Courts; Warns dismissal/ex-parte orders if delay unjustified 

Bombay HC expresses disappointment on absence of counsels leading to adjournments and delay in disposing of cases; Such state of affairs intolerable hereafter, warns HC; Appeals will be dismissed for ...View More

Reimbursement expenses not includibile in taxable value; Rules cannot supersede statutory provisions 

Strikes down Rule 5(1) Service Tax (Determination of Value) Rules, 2006 as ultra vires Section 66 & 67 of Finance Act, 1994 (Act); Value of taxable services for charging service tax must be in con...View More

Tax chargeability interconnected to valuation / rate determination; Appeals before HC not maintainable 

Delhi HC rejects maintainability of 12 appeals by Revenue relating to determination of applicability / chargeability of service tax; Determination of any question relating to 'rate of tax' would neces...View More

Angioplasty procedure an "indivisible" contract; Quashes VAT levy on use of 'stents' 

HC allows writ, use of stents / valves during surgical procedures such as angioplasty, not ‘sale’ liable to VAT under Sec 2(ac) of UP VAT Act, 2008; Recovery of charges towards drugs and o...View More

Tax deduction unavailable absent bifurcation of 'cost price' and 'tax' in Invoice 

HC denies tax deduction benefit from total value of sale invoice, where bifurcation towards cost price and tax not mentioned separately; Sec 9 of Karnataka Value Added Tax (KVAT) Act, 2003 r/w Rule 29...View More