High Court Rulings


Prior notice must before DVAT Special Audit; Applies SC's Rajesh Kumar ratio 

HC allows writ, prior notice and grant of reasonable opportunity to assessee must for conducting Special Audit u/s 58A of Delhi VAT Act, 2004 (DVAT Act); Rejects Revenue’s contention that deleti...View More

Airport car parking neither 'airport service' nor 'property renting', reverses Tribunal order 

‘Car parking facility service’ provided at airport, under agreement with Airport Authority of India (AAI), not taxable as 'Airport Service' u/s 65(105)(zzm) of Finance Act prior to June 20...View More

Separately shown stevedoring, loading, transportation charges deductible from turnover; TN tax inapplicable

HC upholds Tribunal’s order, cost of empty bags, stevedoring, clearing, forwarding, loading / unloading charges and transport costs shown separately in invoice, not liable to sales tax; Such cha...View More

Rule 18 rebate claim sans ARE-1 copies allowable; Govt. to decide afresh 

HC sets aside Govt of India’s (GoI) revision order, rebate under Rule 18 of Central Excise Rules may be claimed absent original & duplicate copies of ARE-1; Both, GoI and Revenue failed to c...View More

Dismisses writ; VAT registration mandatory for State Govt's tax remission, TDS irrelevant 

HC dismisses writ, VAT registration mandatory for tax remission by State Govt u/s 41(1) of Gujarat VAT Act, 2003; Registration being statutory requirement, tax deducted at source by contractee has no ...View More

Sets aside Tribunal order; Statutory penalty cannot be reduced absent jurisdiction 

HC sets aside Tribunal’s order reducing penalty imposed u/s 114A of Customs Act, absent jurisdiction; Neither the authorities, nor Tribunal, nor HC vested with discretion to reduce penalty presc...View More

Allows writ; Undue delay in judgment delivery after hearing prejudicial to litigant 

HC sets aside Adjudicating Authority's order passed after 9 months from conclusion of personal hearing, being prejudicial to assessee; Central Excise Authorities obligated to dispose off proceedings e...View More

Terminal excise refund available against "Deemed Exports"; CENVAT refund an independent regime 

Supply of goods to Export Oriented Unit qualifies as 'deemed export', Terminal Excise Duty (TED) refund available as per Para 8.3 r/w Para 8.4 of FTP 2009-14; Such refund covered by second part of par...View More

Declares 'ultra vires' application of Duty Drawback Rules for FTP deemed exports 

HC strikes down Para 8.3.6 of FTP 2009-14 Handbook of Procedures v.1 (HoP) and Para 7 declaration under Form ANF-8 as “ultra vires” the Foreign Trade (Development & Regulations) Act (F...View More

CENVAT Credit Rules' penalty provision not ultra-vires of Act; Rule 15 valid 

HC upholds "vires" of Rule 15(2) of CENVAT Credit Rules, 2004 imposing penalty on wrong credit availment / utilisation with duty evasion intention, in terms of Sec 11AC of Central Excise Act (Act); Ce...View More