High Court Rulings


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

Reimbursable expenses not includible in taxable value of C&F service 

Expenses reimbursed to C&F agents for providing taxable services to clients not a part of remuneration / commission; Phrase ‘by whatever name called’ appearing in Rule 6(8) of Service ...View More

Grants excise duty exemption on goods supplied to contractors for UN projects 

Grants excise duty exemption on supply of goods to Govt of India approved projects, financed by UN or International Organisation; Supply of goods to contractors instead of Project Implementing Authori...View More

Upholds interest for violation of post importation conditions after availing concessions 

Rejects assessee’s contention that, no interest can be levied u/s 28AB, for violation of post importation condition; Interest payable under Rule 8 of Customs (Import of Goods at Concessional Rat...View More

Strikes down levy of service tax on AC restaurants & hotels 

Levy of service tax in relation to serving of food and beverages by restaurants, hotels, inns, guest-house, clubs or camp-sites under Sec 65(105)(zzzzv) & (zzzzw) of Finance Act, unconstitutional;...View More

Regulation 8(5) of CHALR not discriminatory; Temporary licence-holders & fresh applicants distinct 

Holds temporary licence-holders under Customs House Agents Licensing Regulations (CHALR), 1984 distinct from new applicants applying for licence under the 2004 Regulations; Requirement of qualifying t...View More