High Court Rulings


Despite alternate remedy, allows writ against violation of natural justice principles 

Rejection of declared value, without complying with mandatory requirement stipulated in Rule 12 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, leads to violation of princ...View More

State levy on rectified spirit imports under garb of regulatory measure unconstitutional 

Quashes levy of fees on import of rectified spirit unfit for human consumption; Holds levy beyond State’s / Board of Revenue’s (BoR) legislative competence / rule making power; In substanc...View More

Date of application, not order relevant for interest on duty refund 

Holds interest on refund of duty available on expiry of 3 months from date of receipt of application and not from the date of passing of order/payment of duty ; Rejects assessee's contention that inte...View More

Allows credit of underground cables for internal communication; Distinguishes SC's Maruti Ruling 

Allows MODVAT credit under Rule 57AA of erstwhile Central Excise Rules, 1944, on underground telephone cables used for communication within factory of manufacturer; Such goods falling under Chapter 85...View More

Allows reversal of CENVAT credit against adjustment of pre-deposit liability 

Allows reversal of CENVAT credit, against discharge of liability towards pre-deposit u/s 35F of Central Excise Act, 1944; Holds Rule 3(1) of CENVAT Credit Rules, 2004 is not a provision which restrict...View More

Follows Mafatlal ratio; Duty paid during 'appeal pendency' deemed as under 'protest' 

Duty paid during pendency of appeal proceedings for an earlier period, deemed as "paid under protest"; Limitation period as prescribed under Sec. 11B of Central Excise Act, 1944 not attracted to such ...View More

Settlement Commission can pass orders on matters referred in Commissioner's report 

Settlement Commission entitled to pass orders not only in relation to matters covered by settlement application but also referred in Commissioner's report; Rejects Revenue's contention that Settlement...View More

Quashes CBEC Instruction levying ST on Flying Training Institute 

HC quashes CBEC Instruction dated May 11, 2011 as contrary to provisions of Finance Act and Notification dated April 25, 2011; Holds institutes providing training for 'Commercial Pilot License' and 'B...View More

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