High Court Rulings


Absent manufacturing in State, ITC cannot be denied on stock-transfer of scrap batteries

Jharkhand HC holds that ITC cannot be denied on Inter-State sale or transfer of stock (scrap batteries) u/s 18(8)(ix) of the JVAT Act, 2005 if there is no manufacturing a...View More

Directs refund of amount mistakenly deposited under SVLDRS scheme; Allows assessee's writ

Bombay HC directs refund of amount deposited by assessee-petitioner under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (“SVLDRS” scheme), holding that “Taxing Dep...View More

Hearing opportunity shouldn’t be illusory; Covid-positive a valid reason for Consultant's non-appearance

Calcutta HC (Division Bench) holds that, “Opportunity of hearing should be an effective opportunity of hearing and not illusory” and quashes an ex-parte adjudication order rejecting assess...View More

Revenue’s appeal on matter concerning exemption notification applicability not maintainable; Cites SC decision

Calcutta HC dismisses Revenue’s appeal as not maintainable in view of embargo u/s 130 of Customs Act, 2016 as well as relying on Top Court’s decision; Notes that the benefit of Notificatio...View More

Interim relief for United Spirits as Bombay HC stays CST assessment rectification notice

Bombay HC grants interim relief to United Spirits Ltd. (Petitioner), stays the hearing of rectification notice proposing to rectify the entire CST assessment order passed under the CST Act, ...View More

Intimation to assessee before transferring notices to call book must, quashes SCN for gross-delay citing settled ratios

Bombay HC (Division Bench) sets aside SCN owing to gross delay of 12 years on part of revenue in passing adjudicatory order; Notes that after the personal hearing was granted to assessee to submit obj...View More

Intimation to assessee before transferring notices to call book must, quashes SCN for gross-delay citing settled ratios

Bombay HC (Division Bench) sets aside SCN owing to gross delay of 10 years on part of revenue in passing adjudicatory order; Notes that SCN was issued against assessee, engaged in the activity of buyi...View More

Keeping SCN in call-book cannot justify inordinate delay in adjudication; Applies settled ratios

Bombay HC quashes SCNs issued between the period of October, 2011 to April, 2015 that were transferred to call-book without intimation to assessee, follows the decision in Bombay Dyeing; Holds that ha...View More

Requiring payment proof of disputed tax for entertaining appeal not compulsory tax-extraction; Upholds constitutionality

Calcutta HC (Division Bench) dismisses assessee's writ appeals, upholds the constitutional validity of second proviso to Section 84(1) of West Bengal Value Added Tax, Act 2003, requiring a dealer to p...View More

Instructs Revenue to manually refund additional-IGST on differential export value absent provision

Madras HC (Madurai) directs Revenue to refund additional IGST paid by assessee on export of goods in the absence of a provision in the system which electronically automates such refund occurred due to...View More