High Court Rulings


Quashes Tribunal order; 'Reasonable belief' essential to invoke re-assessment prior to Sept 2004 

HC overrules Tribunal order, ‘reasonable belief’ about omission / failure on assessee’s part to disclose all material facts must to invoke provisions of Sec 73(1)(a) of Finance Act; ...View More

Upholds VCES declaration rejection; Shortfall in declared tax deposit cannot be waived

HC upholds rejection of assessee’s VCES declaration owing to shortfall in depositing 50% of declared tax dues by Dec 31, 2013 as prescribed u/s 107(3) of Finance Act; 6 months’ extension f...View More

EOU status determination / dutiability interconnected to rate determination; Appeal before HC not maintainable 

HC rejects maintainability of Revenue appeal relating to determination of duty payable on stock during debonding of EOU; Determination of assessee’s status as EOU / DTA and consequent determinat...View More

Follows Delhi HC ratio; No service tax leviable on Flying Training Institute

HC upholds Tribunal order, no service tax on institutes providing training for ‘Commercial Pilot License’ and ‘Basic Aircraft Maintenance Engineering License' with Completion Certifi...View More

Dismisses writ; Excise duty payment prior to export mandatory to avail rebate 

HC dismisses writ, excise duty payment prior to export of goods must to avail rebate under Rule 18 of Central Excise Rules; Interprets Rule 18 r/w Notification No. 19/2004-CE (NT), duty rebate not unc...View More

Stay orders must be adjudicated with reasons, Appellate authority's order set aside 

HC sets aside Appellate Authority’s order directing pre-deposit absent any reason accorded for such direction; Requirement of giving reasons to support conditional stay order accords with concep...View More

Date of service rendition, not payment date, relevant for WCT rate application 

HC dismisses Revenue appeal, appropriate tax rate for works contract service would be rate prevalent at time of service rendition, not receipt of consideration; Rejects Revenue’s contention that...View More

Despite VAT reservations, upholds constitutional validity of service tax levy on Restaurants 

HC dismisses writ, upholds constitutional validity of Sec 66E(i) of Finance Act declaring service portion in activity of supply of food and drinks as “declared services”; Article 366(29-A)...View More

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