High Court Rulings


Dismisses Revenue's challenge to CAAR-order on betel-nut classification in exercise of writ jurisdiction 

Madras HC dismisses Revenue’s writ petition challenging classification adopted by assessee-importer w.r.t. ‘Betel nut’(Unflavoured supari) under Tariff Sub Heading 2106 90 30 of Sche...View More

Rejects challenge to anti-dumping duty re-imposition sans cause-of-action, reliance on Kumho-Petro case

Bombay HC dismisses petition challenging re-imposition of anti-dumping duty on import of specified ‘Nylon Filament Yarm’ from China, Chinese Taipei, Malayasia, Indonesia and Korea as also ...View More

Appeal lies before SC where assessment 'amongst others' includes a question on rate/value determination

Jharkhand HC accepts assessee’s preliminary objection in Department’s appeal against order of CESTAT, Kolkata that the appeal would lie before SC u/...View More

Upholds ITC denial where payment not made to selling dealer but third party

Calcutta HC dismisses assessee’s writ, upholds denial of Input Tax Credit where payment is made to third party on behalf of selling dealer;HC elucidates that, it is a well settled principle that...View More

Calls upon proper-officer to decide importer's right to export warehoused goods pending investigation 

Karnataka HC allows assessee (importer) to file request to export the warehoused consignment along with the shipping bills and such other documents to demonstrate the price it will receive on export o...View More

Restores penalty of WB Handloom Weavers Co-op society for misusing exemption notification for yarn clearance 

Calcutta HC, following its own decision arising out of the connected appeals, allows revenue’s appeal against CESTAT order, finds the W.B State Handloom Weavers Cooperative Society Ltd liable fo...View More

Restores penalty of WB Handloom Weavers Co-op society for misusing exemption notification for yarn clearance 

Calcutta HC, following its own decision arising out of the connected appeals, allows revenue’s appeal against CESTAT order, finds the W.B State Handloom Weavers Cooperative Society Ltd liable fo...View More

Affirms demand cancellation on Dr. Reddy for clearing exempted product despite using common-inputs in dutiable-goods 

Telangana HC dismisses Revenue’s appeal against the CESTAT, Bangalore order that allowed Dr. Reddy’s (assessee) appeal against the original order raising a demand of 10% on the value of th...View More

Cannot allege misclassification when re-seller adopted same heading as importer-seller: Quashes penalty

Kerala HC quashes penalty orders against bunch of resellers of photocopy machines ‘Kyocera TaskAlfa 180’ and ‘Kyocera TaskAlfa 220’ who were following the same classification a...View More

Debunks assessment against Nokia absent 'proper and clear' order; Embarks on VAT-CST interplay

Madras HC quashes sales-tax demand of over Rs. 1500 crores citing ‘lack of clarity’, in challenge to assessment orders by Indian arm of a Finnish multinational telecommunication, IT and co...View More