High Court Rulings


Educational trust imparting training / coaching liable to tax, irrespective of non-profit motive

HC upholds Constitutional validity of Explanation to Section 65(105)(zzc) of Finance Act clarifying levy of service tax to all training and coaching centres, including non-profit oriented educational ...View More

Absent justifiable reason, 'revisionary' powers invocation to deny refund sanctioned by OHA, unsustainable

HC rejects exercise of revisionary powers u/s 74A of Delhi VAT Act against order of Objection Hearing Authority (OHA) which granted refund of excess input tax credit arising from inter-state sale of p...View More

CESTAT's remand for input credit reversal vis-a-vis exempted DG sets, beyond appeal

HC quashes CESTAT order to the extent that observations therein were beyond the scope of appeal filed by assessee; Notes that claim of assessee before CESTAT pertained to entitlement of excise duty ex...View More

Time-limit for reclaiming ITC reversed during job-work neither mandatory nor ultra vires VAT Act

HC holds that Rule 20 of Punjab VAT Rules prescribing time limit of 90 days for claiming back Input Tax Credit (ITC) reversed for goods sent for job work, is not ultra vires Section 13 of Punjab VAT A...View More

Directs issuance of 'Form F' bifurcating stock transfer details, following formation of Telangana

HC allows writ petition, directs Delhi VAT authorities to issue F Forms giving bifurcated details in respect of stock transfers after expiry of prescribed period u/s 28 of Delhi VAT Act, following rec...View More

Grants interest on delayed refund; Deposit partakes nature of 'duty' upon adjudication 

HC grants interest on delayed refund of differential duty deposited during DRI investigation of imported consignments, u/s 27A of Customs Act; Observes that the deposit partook the nature of ‘du...View More

No infirmity in Entry Tax - VAT set off absent 'sale' in local area

HC upholds constitutional validity of second proviso to Section 3(2) of Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act 1993 (Entry Tax Act) which grants set-off ...View More

Confirms retired VAT officer appointment as Member of Tribunal, absent pecuniary interest 

Patna HC confirms validity of appointment of retired Commercial Taxes Department official as Member (Accounts) of Tribunal u/s 9(3) of Bihar VAT Act 2005 (Vat Act); Rejecting the argument of Commercia...View More

Grants CENVAT credit refund on service exports from unregistered premises absent statutory bar

HC allows refund of unutilized CENVAT credit in respect of services exported from unregistered premises; Rejects Revenue’s reliance on Notification No. 5/2006-CE (NT), Rule 5 of CENVAT Credit Ru...View More

Food supplied by restaurant to workers at subsidized rates constitutes 'sale', not 'service' 

HC holds that food supplied by restaurant to employees at subsidized rate, would not qualify as ‘service’; Notes that to come within the purview of definition of ‘service’, cer...View More