High Court Rulings


Marketing services to overseas entity as ‘Intermediary’ involve classification/excisability; Appeal lies before Supreme Court 

Karnataka HC dismisses Revenue’s appeal, holding that determination of whether ‘marketing, promotional and after-sales services’ provided by Assessee to its Singapore entity qualify ...View More

DFS sales not immune from domestic laws; Nicotine pouches’ status as ‘prohibited goods’ hinges on its ‘drug’ status 

Bombay HC holds that transactions conducted within Duty Free Shops (DFS) in the Departure Terminal of an international airport, beyond the customs barrier, do not enjoy absolute immunity from the dome...View More

Second sales of cell-phones/telephones exempt from turnover tax for 2000-01; Airtime charges not ‘goods’ 

Telangana HC holds that airtime charges are not ‘goods’ exigible to sales tax and that second and subsequent sales of telephones and cell phones are exempt from turnover tax under the Andh...View More

Myntra’s Kerala sales are inter-State under CST, not VAT; Flipkart not liable for registration 

Kerala HC (Division Bench) dismisses State of Kerala appeals, upholds the common judgment of the Single Judge in favour of Flipkart and Vector E-Commerce (operating Myntra), setting aside penalties im...View More

Copy of Bombay HC judgment holding Revenue’s Bank lien direction constitutes ‘quantification’ under SVLDRS 

Bombay HC allows Petitioner’s writ petition against rejection of its declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) on the ground that service tax liabilit...View More

Mere use of ‘wilful misstatement’ expression in SCN can’t confer jurisdiction u/s 28(4) 

Madras HC holds that the mere use of the expression “wilful misstatement” in the SCN or in the order cannot confer jurisdiction u/s 28(4) of the Customs Act, 1962 which applies where duty ...View More

Renewable energy certificates classifiable as ‘electrical energy’; Sets-aside VAT demand 

Madhya Pradesh HC (Indore Bench) sets aside the demand of VAT against Ujaas Energy Ltd. (Assessee), affirming that Renewable Energy Certificates (RECs) are to be deemed as purchase of renewable energy...View More

ITC available on capital goods for mining & manufacture of non-ferrous metals 

Rajasthan HC (Jodhpur Bench) holds that, Input Tax Credit (ITC) is available on capital goods/raw material used in the process of mining activities and manufacture of non-ferrous metals/cement; Observ...View More

Charge of secured creditor precedes over that of VAT authority; Directs mutation entry removal 

Gujarat HC, while directing the removal of mutation entry of charge under VAT Act, 2003 from the land, observes that the charge of the secured creditor shall precede over the charge of the VAT authori...View More

Financial hardship, natural justice plea cannot bypass mandatory pre-deposit condition for appeal; Dismisses writ 

Delhi HC refuses to entertain a writ petition challenging an order-in-original imposing a Rs. 3 crore penalty on Assessee u/s 114 of the Customs Act, where the statutory appeal was rejected for non-pa...View More