High Court Rulings


Admits Dominos Pizza's writ; Stays "deemed sale" assessment being prima facie outside jurisdiction

HC admits writ petition, stays recovery of tax assessed on Dominos Pizza Overseas Franchising B.V. as “dealer” u/s 2(h) of U.P. Trade Tax Act towards royalty received from franchisee for r...View More

Sec. 10(5) of DVAT Act not retrospective; ITC not reversible absent 'post-sale discount' credit notes 

Delhi HC rules on reversibility / reduction of input tax credit (ITC) by buyer upon receipt of post sale discount / incentive from selling dealer, under Delhi VAT law; Quashes Tribunal conclusion that...View More

Permissive use of passive infrastructure by sharing telecom operators not 'sale', non-VATable

HC allows assessee’s writ, provision of passive infrastructure to various telecommunication operators not 'transfer of right to use’ goods u/s 2 of Madhya Pradesh VAT Act, not liable to VA...View More

Advocate's ill-health a 'reasonable' ground; Condones 536 days delay in appeal before CESTAT 

HC condones delay of 536 days in filing appeal on account of Advocate's ill health; Advocate handling assessee's case returned papers due to his ill heath, and immediately another Advocate was engaged...View More

Dismisses Revenue appeal; CESTAT's LB reference not 'order' appealable to higher forum 

HC rules in assessee’s favour, appeal u/s 130A of Customs Act (Act) not maintainable against reference made by CESTAT to Larger Bench (LB) on ground that conflicting views exist on same issue be...View More

Absent allegation / evidence, noticee not answerable for 'charge' not raised in SCN 

HC dismisses Revenue appeal, assessee cannot be asked to answer a charge not raised specifically in show cause notice (SCN) issued u/s 28 of Customs Act; SCN issued alleging suppression of quantum of ...View More

Condones delay; Societies' elections acrimonious affair; Agricultural produce auction prima-facie not 'service' 

HC condones delay in filing appeal by agricultural producers co-operative marketing societies established under Tamil Nadu Cooperative Societies Act, on account of 'elections'; Observes, it is common ...View More

Limitation period for goods seizure construable from notice 'dispatch', not 'receipt' date 

HC dismisses writ petition, 6 months limitation period for issuance of show cause notice (SCN), contemplated w.r.t. seizure of goods u/s 110(2) of Customs Act to be calculated from date of 'dispatch',...View More

Allows credit; Interprets Notification exempting job-work service upon duty discharge by principal-manufacturer 

HC upholds CESTAT order, Notification No. 8/2005-ST providing exemption w.r.t. service of ‘production of goods on behalf of client’ u/s 65(19)(v) of Finance Act ‘conditional’ i...View More

Admonishes inordinate delay in passing adjudication order; To scrutinise pending Commissionerate matters 

HC admonishes Service Tax Commissioner’s delay of almost 22 months in passing adjudication order post personal hearing, without any explanation; States, even if there is any restructuring and re...View More