High Court Rulings


Show-cause despite favourable Tribunal ruling invalid, Revenue's actions create 'multiplicity of proceedings' 

Show Cause Notice (SCN) invalid as matter already settled by Tribunal in Sarla Performance Fibers Ltd. (on issue of levy of education cess on excise duty, against EOU's domestic clearances); Tribunal'...View More

1 year limitation for SAD refund applicable from provisional / final assessment 

Refund of 4% special additional duty (SAD / Special CVD) can be filed within longer of two periods i.e one year from date of provisional assessment or from final assessment date; Harmoniously construc...View More

IBM succeeds in transfer from LTU before Karnataka HC, uses RTI 

Allows writ petition to transfer IBM's pending assessment and other proceedings from LTU to normal jurisdiction; IBM filed application intimating authorities its intention to opt out of LTU; Request t...View More

Gold ornament polishing / packing not "manufacture", Denies input deduction from taxable turnover 

Upholds denial of sales tax relief on purchase of standard gold / bullion / biscuits, absent manufacturing carried within Delhi; Assessee after purchasing gold, sent raw material for manufacture on jo...View More

Uttaranchal CST concession withdrawal on IT products subsequent to amendment misconceived 

Allows HCL's writ petition and quashes State Government's notification withdrawing concession in tax rate; Allows 1% concessional Central Sales Tax (CST) benefit for 5 years on sale of specified Infor...View More

Condones Revenue's 1710 days' delay, Administrative lapse pardonable in high value cases 

HC condones delay of 1710 days in filing appeal by State Revenue against Gujarat VAT Tribunal, on merits; Cites permanent loss to exchequer, if question of VAT applicability on transfer of right to us...View More

Credit admissible on kits supplied as accessories; Relies on Bajaj Auto ruling 

Allows CENVAT Credit to Honda on tool kits and first aid kits supplied along with two wheelers; Rejects Revenue’s contention that credit inadmissible, since tool kits/first aid kits not used in ...View More

Refuses procedural leniency, distinguishes BALCO; no Cenvat credit for outside factory inputs 

HC denies CENVAT credit on inputs stored outside factory premises, without prior permission of jurisdictional Commissioner of Central Excise; CBEC Circular dated May 1, 1996 relaxes mandatory requirem...View More

Independent housing construction not a "Complex Construction service", Relies on Marvel ruling 

Construction of 15 independent houses not taxable under "Construction of Complex service" in terms of Sec. 65(105)(zzzh) read with Sec 65(91a) of Finance Act; Tax payable only on construction of build...View More

Challenge to statute's vires only through writ, Alternate remedy not available 

Sets aside Single Judge order dismissing assessee's writ, for availability of alternate remedy under Statute; Only Courts with writ jurisdiction can adjudicate on validity of statute, not Appellate Au...View More