High Court Rulings


Cannot assess escaped tax liability invoking reassessment powers beyond stipulated limitation period

HC quashes re-assessment order and consequential demand of additional tax + interest, being beyond limitation period of 8 years under Assam General Sales Tax Act, 1993 (AGST Act); Rejects Revenue&rsqu...View More

Absent machinery provisions, VAT not leviable on building contracts before May 17, 2010

P&H HC quashes levy of VAT on builders prior to May 17, 2010, absent machinery provisions under Haryana VAT Act or Rules framed thereunder for calculation of ‘taxable turnover’; Holds ...View More

Interest on tax refund not payable from assessment order date, but finalisation thereof

HC dismisses assessee’s writ, interest on refund of excess tax paid, u/s 14-C of Orissa Sales Tax, 1947 (Act), not payable from date of first application submitted after assessment order (AO), b...View More

Absent limitation for conclusion of assessment proceedings, mandates completion within reasonable period

Kerala HC finds no limitation period for completion of assessment proceedings u/s 25(1) of Kerala VAT Act, says 5 years’ period provided thereto is only applicable for initiation thereof and in ...View More

'Appellate remedy' a compulsive jurisdiction; CESTAT cannot reject appeal for writ pendency

HC sets aside CESTAT order which dismissed assessee’s appeal against findings of Designated Authority and issue of Notification No. 9/2015-Cus (ADD) imposing anti-dumping duty on the ground that...View More

Lawn rental by luxury hotels part of 'business'; Upholds luxury tax pre-March 2007

HC upholds luxury tax on ‘lawns’ rented separately by persons for wedding functions / receptions, prior to March 9, 2007 under Rajasthan Tax on Luxuries (Hotel & Lodging Houses) Act, 1...View More

Relegates assessee to appellate-remedy for contesting duty refund on captively consumed 'clinker'

HC dismisses assessee’s writ petition challenging rejection of refund claim of excise duty paid under protest on captively consumed ‘clinker’ despite favourable SC decision, on groun...View More

Furnishing of CST Forms not mandatory for processing refunds under DVAT law

Delhi HC holds that furnishing of statutory forms under the CST Act in terms of Section 38(7)(c) and (d) of DVAT Act is not a mandatory requirement for processing refund claims by Authorities, states ...View More

Dismisses writ; Notification stipulating limitation period for claiming SAD refund, not ultra vires

HC rejects challenge to Notification No. 93/2008-Cus stipulating limitation period of 1 year for claiming refund of Special Additional Duty (SAD) from date of payment thereof, holds that only one cond...View More

MODVAT credit reversible when final product cleared under purchaser's duty remission claim

HC directs reversal of input credit against clearance of aluminium castings under claim of duty remission by buyer for use in specific industrial process, in terms of Chapter X r/w Rule 57C of Central...View More