High Court Rulings


Amendment reversing provision restricting ITC on inter-state sale by manufacturers, restores ‘Original Position’ 

Madras HC dismisses Revenue’s action based on amendment brought into Section 19 (2)(v) of TNVAT Act restricting quantum of ITC (allowed in excess of 3% of tax) to manufacturers, when the goods p...View More

Citing element of ‘intent-to-evade’ duty, upholds penalty vis-a-vis North-East manufacturer for incorrect valuation

Meghalaya HC (Division Bench) upholds order of CESTAT which found the assessee liable to penalty u/s 11AC of Central Excise Act for incorrect valuation of final products cleared to related parties; No...View More

Expiry of limitation period renders assessment impermissible, quashes Order rejecting refund claim

Jharkhand HC quashes Order rejecting Assessee’s refund claim, holds that in the light of Section 39 of the JVAT Act, the limitation period having expired, assessment would be impermissible in re...View More

Subsequent SCN for overlapping period a clear case of abdication of statutory responsibility 

Calcutta HC rules that show cause notice (SCN) which is “an exact replica” of SCN issued for earlier period except for period and amount proposed to be demanded as Excise duty is...View More

Department has no first-charge over secured asset of bank purchased in SARFAESI auction-proceedings

Gujarat HC (Division Bench) quashes the order of Sales Tax Authority by virtue of which assessee’s land was attached to recover VAT dues (of Company who originally owned the land and availed fin...View More

DGFT cannot amend SB until data-transmission from Customs; Dismisses challenge to MEIS-claim denial 

Madhya Pradesh HC (Division Bench) upholds action of Policy Relaxation Committee, DGFT (PRC) to decline assessee-exporter application to award benefit under MEIS Scheme where exporter has inadvertentl...View More

State not competent to tax 'Lotteries' conducted by other states

Karnataka HC (Division Bench ) rules that the State has no legislative competence to make the Karnataka Tax on Lotteries Act, 2004 imposing Tax on the Lotteries conducted by other States in the State ...View More

Dismisses plea seeking pre-deposit waiver for filing appeal before CESTAT basis “financial hardship” 

Kerala HC rejects petition seeking relief from the burden of making a pre-deposit u/s 86 of the Finance Act, 1994 for preferring the appeal before the CESTAT; Rules that “When the Statute does n...View More

Reprimands Revenue for ‘hasty recourse’ to coercive measures pending Assessee's appeals against demand

Gujarat HC (Division Bench) holds that bank account of assessee-company cannot be attached by the Department u/s 44 of the GVAT Act, 2003 as a coercive step to recover the amount incurred by the deale...View More

System-glitch no ground to plead helplessness; "C-Form” not deniable for technical/administrative reasons

Delhi HC holds that once Assessee is held to be entitled to “C” Form, same cannot be denied for technical or administrative reasons, and Revenue “cannot plead its helplessness on the...View More