High Court Rulings


Invokes extraordinary jurisdiction to grant concession; Diesel integral to 'notified goods' manufacture 

HC allows writ petitions, grants concessional tax benefit on ‘diesel oil’ used in generator sets in factories to run plant & machinery, u/s 4-B(2) of U.P. Trade Tax Act; Rejects Revenu...View More

Rejects 'promissory estoppel' contention; Denies area-based exemption absent unit inclusion in Notification 

HC denies benefit of area based exemption under Notification No. 50/2003-CE absent mention of khasra numbers of assessee’s unit therein (State of Uttarakhand); Rejects assessee’s attempt t...View More

Affirms non-entitlement of telecom towers credit; No relook at Bharti Airtel 

HC affirms non-entitlement of CENVAT credit on mobile towers (in CKD & SKD form) and parts thereof, shelters / prefabricated buildings (‘goods’) used for providing telecommunication se...View More

Promoting Brand "India" pivotal to claim SFIS benefit; Lifts corporate veil 

Bombay HC disagrees with Delhi HC Single Judge view, upholds order passed by Govt of India that assessee promoting foreign brand viz. “Thyssenkrupp” and hence not entitled to duty credit s...View More

Grants relief to Infosys; Though customized software a 'good', implementation merely 'service' 

Karnataka HC rules on taxability of ‘software implementation’ by assessee for a bank, holds such activity a “mere service” through skill and human effort, and there is no right...View More

Bank's 'hypothecated goods sale' VATable; Statutory vs Contractual right of sale distinction rejected

HC upholds Tribunal order, auction sale of repossessed hypothecated vehicles by bank taxable under Tamil Nadu VAT Act; Rejects assessee’s contention that such sale is only in capacity of being a...View More

Allows writ; CESTAT's refusal to refer question to LB vis-a-vis connected appeals, unjustified

HC allows writ petition against Mumbai CESTAT that decided issue finally against assessee, albeit referring similar question to Larger Bench in case of connected appeals; CESTAT had denied excise duty...View More

Quashes re-assessment proceedings absent "reason to believe" that turnover escaped assessement 

HC quashes re-assessment proceedings initiated u/s 21 of U.P. Trade Tax Act, absent any material / reason to believe on part of Assessing Officer (AO) that some turnover escaped assessment; Observes, ...View More

Sale to buyer's branch 'in course of export' by HO; CST exemption available 

HC rules in favour of assessee, supply / sale of goods to purchaser’s branch office in Chennai towards export by HO in Bombay, entitled to tax exemption u/s 5(3) of Central Sales Tax Act; Reject...View More

Applies classification principle; Ground-handling at airport, a "cargo handling", not "airport" service 

HC rules in favour of assessee, ground handling services provided at airport classifiable as 'cargo handling services' u/s 65(105)(zr) of Finance Act, applies principle of Sec 65A(2)(a) that specific ...View More