High Court Rulings


Dealer entitled to post-sale 'trade' discount deduction; Subordinate authorities cannot ignore precedents

Dealer entitled to deduction of post sale discount i.e. subsequent to issuance of tax invoice through credit / debit note under Karnataka VAT Act / Rules, provided same is a customary practice in trad...View More

No refund of protested duty paid utilising MODVAT; However, claim not time-barred 

HC rules partially in favour of Revenue, excise duty paid under protest through MODVAT Credit Account (RG 23A Part II) not refundable subsequent to HC judgment ruling non-excisability of final product...View More

2% embargo on DTA scrap sale vis-a-vis 50% permissible FTP limit, unsustainable 

HC quashes Board of Approval (BOA) decision to restrict sale of marble scraps / rejects / waste / remnants by EOU in domestic market to 2% of inputs, vis-à-vis initial permission of 8.92% of in...View More

'Ice cream' not classifiable as “Sweet and Sweetmeats", denies tax concession benefit 

HC answers reference in Revenue's favour, 'Ice Cream' not covered by term "Sweet and Sweetmeats", appearing under Schedule Entry C-II-35(1) appended to Bombay Sales Tax Act, 1959, denies concessional ...View More

Quashes challenge to amendments bringing importer vis-a-vis domestic manufacturer parity for exemption 

Madras HC quashes assessees’ challenge to Notification Nos. 34/2015-CE & 37/2015-CE amending Notification No. 30/2004-CE, thereby confirming non-entitlement of importers to additional custom...View More

Grants concessional rate on supplies to Lakshadweep Administration; Shipping documents production impossible

HC grants concessional rate of tax on supply of articles to Lakshadweep Administration as envisaged by 1st proviso to Sec 6(1) of Kerala VAT Act; Quashes assessment orders denying such concession for ...View More

Fair hearing a guaranteed right; Revenue cannot refuse documents outside show cause notice 

HC partially allows assessee’s writ petition, Revenue cannot refuse to furnish documents not listed as “relied upon documents” in show cause notice; Rejecting Revenue’s objecti...View More

Resort to Sec. 11A not mandatory for recovering refund once sanction held unsustainable

HC rules in favour of Revenue, resort to Sec 11A of Central Excise Act not mandatory for recovering refund granted pursuant to adjudication order passed u/s 11B, when adjudication order subsequently d...View More

FIR a "Court process abuse"; Finance Act complete Code, general IPC provisions inapplicable 

HC grants relief to assessee, quashes FIR registered u/s 406 of Indian Penal Code (IPC) and consequential criminal proceedings for non-payment of outstanding service tax; Finance Act 1994 a complete C...View More

Raw aluminium-castings subjected to extensive machining, taxable at concessional rate as 'ingot' 

HC rules reference in favour of assessee, raw aluminium castings covered under Entry C-I-29 of Bombay Sales Tax Act, as "non ferrous metal ingots" exigible to tax at 4%; Rejects Revenue contention tha...View More