High Court Rulings


Absent specific Entry, generic / dictionary meaning acceptable; 'Refactory bricks' taxable at lower rate 

HC upholds Sales Tax Tribunal findings, refractory bricks taxable @ 5% under Entry 32 of Schedule I of Andhra Pradesh General Sales Tax Act, which inter alia includes bricks, tiles and granite stones;...View More

LB affirms CESTAT powers to extend stay beyond 365 days absent assessee's fault 

HC Larger Bench confirms Division Bench view, CESTAT empowered to grant / extend stay of recovery of demand beyond 365 days from passing of stay order, where delay in disposal of appeal not attributab...View More

Revenue's insistence for online declaration forms 'onerous' absent provisions in Statute 

HC allows writ, absent specific rule in Puducherry VAT Rules or in Central Sales Tax (CST) Rules, Revenue’s insistence on online uploading of declaration forms, an onerous condition; Revenue has...View More

Denies CST exemption on packing material absent inextricable link with export goods 

HC upholds Single Judge order denying central sales tax (CST) exemption on sale of packing material viz. paper cartons to exporter of goods, finds such sale not ‘in course of export’ u/s 5...View More

Digital Cameras taxable as "IT products" post November 2005; Schedule Entry erroneous 

HC upholds taxability of ‘Digital Still Image Video Camera’ (DSCs) at 4% as “IT Product” under Entry 41A of Schedule III of Delhi VAT Act post November 2005, states that item 1...View More

Tax leviable on 'actual' sale; Deemed sale price for petroleum dealers unconstitutional 

HC strikes down Explanation 2 to Sec 2(1)(zd) of Delhi VAT (DVAT) Act as ultra vires Constitution of India insofar it permits levy of VAT on ‘deemed’ sale price of petrol / diesel, instead...View More

'Works contract' meaning restricted pre-April 2005; Printing, supplying cine-wall posters not "deemed sale" 

Printing and supply of cine-wall posters though a ‘works contract’, not taxable as ‘deemed sale’ under Andhra Pradesh General Sales Tax Act / CST Act prior to April 1995; Dy. C...View More

Affirms determination order; 'Lalbaugcha Raja' Mandal a "dealer"; Devotees offerings auction VATable 

HC upholds Tribunal order, ‘Lalbaugcha Raja’ Mandal liable to MVAT on auction of devotee offerings received during annual Ganesh Festival; Finds no merit in assessee’s contention tha...View More

Blank declaration during stock transfer attracts penalty; 'Mens rea' irrelevant; LB ratio reigns 

HC quashes Rajasthan Tax Board decision, penalty imposable on non-filling up of details in declaration form ST-18A during stock transfer of goods, u/s 78(5) of Rajasthan Sales Tax (RST) Act r/w Rule 5...View More

Upholds Tribunal order; Appeal dismissed for lack of 'destruction' evidence, not prosecution 

HC dismisses writ, upholds Maharashtra Sales Tax Tribunal order considering assessee's explanation including claim that records destroyed in floods, as being passed on 'merits' and not for 'want of pr...View More