High Court Rulings


Exemption denial for educational institutions / hospital construction unsustainable absent 'intended purpose' verification 

HC sets aside Commissioner’s order, prior to July 2012, service of construction for education institutions and hospitals exempt in terms of Circular No. 80/10/2004-ST dated September 17, 2004 su...View More

Rejects Authority for Clarification/Advance Rulings order, absent proper Constitution, remands matter 

HC allows assessee’s appeal, sets aside order passed by ‘Authority for Clarification & Advance Rulings’ (AAR) constituted u/s 60 of Karnataka VAT Act (KVAT), comprising of 2 memb...View More

Tribunal's findings conclusive, extended period demand unsustainable; Rejects Revenue's suppression plea absent material 

HC dismisses Revenue appeal, upholds Tribunal's order setting aside service tax demand beyond normal limitation period prescribed u/s 73 of Finance Act under 'Broadcasting Service'; Tribunal while hol...View More

Distribution / facilitation of State Govt lottery not 'service'; Quashes 2015 Finance Act amendments

Activity of promoting, organizing or assisting in arranging sale of lottery tickets of State Govt. not taxable ‘service’ under Finance Act 1994, as amended by Finance Act 2015; Accepts ass...View More

Interest applicable on delayed SAD refund; Denial through Circular ultra vires statutory provision 

Interest applicable on refund of Special Additional Duty (SAD) beyond 3 months under Notification No. 102/2007-Cus, in terms of Sec 27A of Customs Act; HC holds Circular No. 6/2008-Cus to the extent i...View More

ERP implementation entails pure service, no sale/property transfer; Applies Infosys ratio

HC upholds Tribunal's findings, ERP software implementation and business consultancy service (BCS), are pure services, not involving any sale/transfer of property in goods, under Karnataka Sales Tax A...View More

Allows prior period's AO revision, though relevant provision introduced later, retrospectivity plea redundant

HC dismisses assessee's revision petition, upholds revisionary power exercised for AY 2005-06 by Joint Commissioner (JC) u/s 63A of Karnataka Value Added Tax Act, 2003 (KVAT), introduced w.e.f. April ...View More

FTP prevalent during DEPB issuance irrelevant; Allows additional duty credit on imports 

HC allows benefit of CENVAT credit under Notification No. 96/2004-Cus of additional customs duty paid on imports using DEPB scrips under FTP 2002-07; Rejects Revenue’s stand that said Notificati...View More

'Smart cards' supplied under computerised system service agreement with RTO, not VATable 

HC allows assessee’s appeal, smart cards specifically developed and designed for RTO under an agreement for providing computerized service delivery system, not liable to VAT under Karnataka VAT ...View More

Exempts Maize, usage as 'waste' irrelevant; Writ maintainable, assessment a jurisdictional error 

HC allows assessee’s writ appeal, grants exemption on ‘Maize’ under Entry No.19 of Part-B of IV Schedule to Tamil Nadu VAT Act; Rejecting Revenue's proposal to disallow exemption on ...View More