High Court Rulings


Upholding right to cross-examine, quashes demand imposed basis ‘non-relied’ documents 

Chhattisgarh HC allows Assessee’s appeal recognizing its right to cross-examine its manager whose statement was recorded during the adjudication proceedings based on which demand was confirmed; ...View More

Upholds ADD-levy extension on Indonesian Viscose Fibre export; Condemns 'forum shopping' practice 

Madras HC upholds CESTAT Delhi ruling that dismissed the appeal of an Indonesian company manufacturing ‘Viscose Staple Fibre’ against the final findings of Designated Authority (DA) recomm...View More

HC confirms levy on leasing of transponders, subject to payment of 50% of demand 

Karnataka HC directs the Assessee to deposit 50% of the demand out of the demand of Rs 644 Crores (approx.) for the period July 2008 to March 2014 which was not pursued by the Karnataka Commercial Tax...View More

Dismisses challenge to notification imposing additional-duty on goods exempt from BCD 

Madras HC upholds Revenue’s demand of 4% additional duty in terms of Notification No.19/2005-Cus on import of medical devices covered under the exemption Notification No.24/2005-Cus; Noting that...View More

Adjudication of SCN after lapse of 17 years arbitrary, must result in abatement 

Madras HC in challenge to adjudication of Show Cause Notices (SCN) demanding service tax on manpower recruitment/supply for services rendered to clients in DTA proceedings after they were kept in call...View More

Re-assessment powers "not unbridled"; Disclosing 'Reason to Believe' sine qua non

Gauhati HC sets aside an assessment order passed u/s 40 of the Assam VAT Act, 2003, holding that the authorities failed to disclose the ‘reasons to believe’ to the Assessee, and failed to ...View More

Re-crediting sanctioned duty-rebate in Merchant Exporter's CENVAT account 'meaningless'; Directs cash refund

Gujarat HC restores the order of Commissioner (A) that sanctioned entire duty rebate of merchant-exporter (ME) in cash, overturning the Revisional Authority’s order which&nbs...View More

Liability admission before deadline a 'necessary quantification'; Dismisses SVLDRS rejection but orders 'interest' 

Bombay HC sets-aside the rejection of SVLDRS application on ground of non-quantification before cut-off date in a case where the Petitioner had quantified the tax liability at Rs.1.21 Crores post issu...View More

'Satellite Receiver' for linking signals not 'wireless reception instrument'; Sets-aside entry-tax levy 

Gauhati HC holds that “C-Band, KU-Band, Satellite Receiver, 1.8 Mtr. Antenna, Modem, 4104 Coles Lip Mic and digital Hybrid Mobile” is not covered under the term “wireless reception i...View More

Contractor's claim in requisite form but without refund-order not time-barred 

Telangana HC holds that refund claim of excess tax paid by contractor cannot be denied on ground of time bar to assessee who filed the requisite form (Form XXIII) though without enclosing Form C which...View More