High Court Rulings


Books/periodicals printing for publisher, a ‘works-contract’, not outright ‘sale'; Denies exemption 

Telangana HC upholds Sales Tax Appellate Tribunal in holding that printing of textbooks, magazines and periodicals under contract with customers (publisher) is ‘works contract’ and not &ls...View More

7-year delay in fixing hearing and taking up adjudication unreasonable, violates Constitution 

Jharkhand HC in a matter where the adjudication of SCN was kept in suspended animation for more than 7 years, holds that “Fixing personal hearing..and taking up adjudication after more than 7 ye...View More

Duty imposition as “beneficial owner” of smuggled goods due to untraceable Importer unsustainable 

Madras HC dismisses Department’s characterization of Petitioner as “beneficial owner” as per Section 2(3A) of Customs Act, 1962 merely because it was unable to trace out and locate t...View More

Strikes down Trade-Notice on broken rice export owing to no ‘nexus’ with policy objective

Delhi HC sets aside DGFT Trade Notice No. 08/2023 dated June 20, 2023 on procedure for allocation of export of broken rice to Senegal, Gambia and Indonesia, having not found any 'rational nexus' betwe...View More

Manufacturers eligible to take full ITC on Intrastate stock-transfer; Distinguishes Tata Steel case

Jharkhand HC allows the manufacturer and seller of Auto Parts and Leaf Spring assembly (assessee) to claim full ITC on Intrastate stock transfer of goods from one unit to another Unit from which the g...View More

Declines to condone delay appeal-filing; Revenue wasn’t handicapped in ascertaining relevant jurisdiction

Delhi HC refrains to accept that Revenue was handicapped in any manner in ascertaining the jurisdiction of the relevant Commissionerate for filing appeal, thus refuses to condone the delay of more tha...View More

Revenue not entitled to interest on delayed payment where erroneous demand made 

Madras HC rules that error made by the Government in the calculation of demand and levy of interest on assessee subsequently for delayed payment “will not enure in favour of the Government&rdquo...View More

Waste Removal in domestic market no bar to claim rebate, Revisionary Authority's stance hyper-technical

Delhi HC holds that “removal of waste, or sale thereof in home or domestic market, does not prohibit or bar a claim for rebate”, sets-aside order rejecting claim for refund of duty paid on...View More

Sustains liability against Berger-Paints on stock-discrepancy, however, quashes CST demand on stock-transfer

Delhi HC upholds the demand against Berger Paints u/s 23 of the Delhi Sales Tax Act on stock variations, however, sets aside demand under CST Act on stock transfer to depot/warehouse; N...View More

Sale of chassis with mounted body being a different product, liable to purchase tax 

Allahabad HC holds that Petitioner/assessee is selling a product, which is in a different condition from the chassis or the body and thus, the same would be liable to be purchase tax u/s 3AAA of the U...View More