High Court Rulings


Flats constructed, alloted to landowner against land transfer, prima facie taxable; Upholds pre-deposit 

HC upholds CESTAT order directing pre-deposit in respect of construction of flats for landowner, taxable as 'construction of residential complex service' u/s 65(105)(zzzh) of Finance Act; Assessee ent...View More

Adjudicating authority can enhance penalty in de-novo proceedings, matter live in re-adjudication 

HC dismisses assessee's appeal, no bar on Adjudicating Authority to determine quantum of fine/penalty in a de-novo proceedings; Imposition of enhanced penalty justifiable in de-novo proceedings, even ...View More

Brokerage services to foreign re-insurance companies constitutes 'export'; Retained commission non-taxable 

Re-insurance services by broker to foreign re-insurers towards securing business in India constitutes ‘export', not taxable as ‘Insurance Auxiliary Service’ pre-2006; Rejects Revenue...View More

Disposes writ challenging new Haryana works-contract deductions' validity; AO to adjudicate notices 

HC disposes writ challenging constitutional validity of new Rule 25 of Haryana VAT Rules, 2003 (Rules); Assessee challenged said Rule contesting chargeability of tax on expenses and elements of total ...View More

State Legislature cannot levy tax on MRP; Quashes Sec. 15(5) of Bihar VAT Act 

HC declares Sec 15(5) of Bihar VAT Act as ultra vires inasmuch as it provides option to certain class of registered dealers to pay in lieu of tax payable by them, tax at rate specified in Sec 14 on ma...View More

No subsequent 'in-transit sale' when inter-state supplies effected under indivisible works contract 

HC rules on inter-state supply of goods under lumpsum turnkey projects, rejects assessee’s claim that supply and erection contracts are divisible / independent and that supplies thereunder quali...View More

'Interest' payable for delay in differential duty payment due to 'price escalation'

HC allows Revenue’s appeal, interest under Rule 7(4) of Central Excise Rules, 2002 applicable, where price at which goods sold not final and assessee received 'price escalation' and paid differe...View More

Upholds deduction towards sales to registered dealer, when ST-1 form's genuineness undisputed 

HC allows assessee’s appeal, allows deduction towards sales made against ST-1 Forms to registered dealer from taxable turnover (TT) when genuineness of form and fact that, purchasing dealer regi...View More

Allows writ; Sec 11B limitation inapplicable where tax paid by 'mistake of fact' 

HC allows writ petition, grants refund of service tax erroneously paid on payments received from foreign bank towards services rendered; Rejects Revenue’s reliance on Mafatlal Industries Ltd rul...View More

Trademark registration of restaurant entails 'branded' food sale, VATable at 14.5% 

Madras HC dismisses restaurateur’s writ petition, upholds levy of VAT at 14.5% on sale turnover of ‘branded’ food u/s 2(9) r/w Sec 2(33)(vi) & 7(1)(a) of Tamil Nadu VAT Act; Reje...View More