High Court Rulings


Brake fluids repacking = manufacture; 'Ignorance' plea unsustainable; Upholds extended limitation, penalty / interest 

HC allows Revenue appeal, 'ignorance of law' not a valid excuse for non-payment of excise duty on repacking of brake fluids supplied by Indian Oil Corporation (IOC); As per Note 5 of Chapter 38 of Cen...View More

Cannot segregate 'labour' once composition opted for works contract; Erection / Commissioning VATable 

HC upholds Tribunal order, erection and commissioning of wind turbine generators (WTGs) liable to VAT, tax payable on total consideration u/s 15(1)(b) of Karnataka VAT Act, under composition scheme; A...View More

Allows TED refund against ICB supplies, Laments authorities for ignoring Court's order 

HC lambasts Adjudicating Authority, Terminal Excise Duty (TED) refund available for supplies against International Competitive Bidding (ICB), where TED exemption not availed; Reiterates observation ma...View More

Where 'lis' commences pre-2014, mandatory 7.5% pre-deposit for hearing appeal, inapplicable 

HC allows writ, assessee not liable to mandatory pre-deposit of 7.5% of confirmed tax as a condition for pursuing appellate remedy before CESTAT; Refers to prima facie view taken by Division Bench of ...View More

Distinguishes BSNL ratio; Sodexo Vouchers = 'goods'; Upholds octroi / LBT levy by municipal corporations 

Bombay HC upholds levy of octroi and local body tax (LBT) on Sodexo Meal Vouchers sold by assessee to customers viz. organisations for use by their employees; Perusing the sodexo scheme, HC holds that...View More

Absent challenge to stay application dismissal by CESTAT, refund payable with interest

HC allows writ appeal, Revenue cannot deny sanctioned refund of service tax when stay application filed alongwith appeal against Appellate Authority’s order dismissed by CESTAT; Rejects Revenue ...View More

Applies trade parlance; High Density Board not 'Paper'; Denies concessional tax rate 

Karnataka HC dismisses revision petitions, upholds taxability of Electrical Insulated Press Board (commonly known as High Density Board) under residuary entry of Karnataka VAT Act @ 12.5% thereby reje...View More

CESTAT's reliance on MP HC ruling unsustainable; Export credit refund governed by Sec 11B limitation 

HC allows Revenue appeal, rejects assessee’s refund claim of unutilised accumulated CENVAT credit of inputs under Rule 5 of CENVAT Credit Rules as barred by limitation of 1 year u/s 11B of Centr...View More

'As such' = "without any use"; Used capital goods removal entails depreciated credit reversal 

HC dismisses Revenue appeal, rejects differential CENVAT credit demand on ‘speed frame lapping machine’ - a capital good - removed after 8 years of putting to use; Upholds CESTAT order whi...View More

Rules on penalty determination; 'Mens rea' applicable to criminal offences, not civil obligations 

HC Larger Bench (LB) rules on penalty determination, holds 'mens rea' not relevant / necessary ingredient for penalty imposition for non-declaration of goods in movement u/s 78 of Rajasthan Sales Tax ...View More