High Court Rulings


Allows input credit of purchased DEPB Scrips; Draws analogy with CENVAT scheme 

HC overrules Tribunal, allows input credit utilisation of VAT paid on purchase of Duty Entitlement Passbook (DEPB) Scrips towards discharge of output tax on sale of imported goods; Rejects Revenue&rsq...View More

Denies amendment to writ; Adding new issues / facts impermissible; Directs separate proceedings 

HC Division Bench allows Revenue appeal, sets aside Single Judge order permitting amendment to assessee's writ petition that challenged DGFT order listing assessee's Importer Exporter Code (IEC) in &l...View More

Upholds Shark fins exports prohibition; Distinction between domestic consumption vs export reasonable

Madras HC dismisses challenge to prohibition of export of Shark fins of all specifies of Shark by Central Govt. under Notification No. 110(RE-2013)/2009-14; Said prohibition not contrary to Convention...View More

Quashes assessment notice issued beyond statutory period, daily order sheet recording inconsequential 

HC quashes default assessment notices for tax & interest and penalty dated April 1, 2015, being issued beyond statutory period of 6 years as provided u/s 34 of Delhi VAT Act; Notes that Sec. 34(1)...View More

Denies CVD credit basis debit entry in DEPB, goods deemed 'non-duty paid' 

HC dismisses assessee's appeal, CENVAT credit of Countervailing Duty (CVD) ineligible basis debit entry under Duty Entitlement Pass Book (DEPB) scheme, post 2000; Relies upon CESTAT LB decision in Ess...View More

'Exempt sales' not includible in "taxable turnover" for determining additional tax 'threshold' 

HC allows assessee’s revision petition, 'exempt sales' made to Hyundai Motors India Ltd. (HMIL), not includible in 'taxable turnover' for calculating 'threshold limit' for purpose of Tamil Nadu ...View More

Flats constructed, alloted to landowner against land transfer, prima facie taxable; Upholds pre-deposit 

HC upholds CESTAT order directing pre-deposit in respect of construction of flats for landowner, taxable as 'construction of residential complex service' u/s 65(105)(zzzh) of Finance Act; Assessee ent...View More

Adjudicating authority can enhance penalty in de-novo proceedings, matter live in re-adjudication 

HC dismisses assessee's appeal, no bar on Adjudicating Authority to determine quantum of fine/penalty in a de-novo proceedings; Imposition of enhanced penalty justifiable in de-novo proceedings, even ...View More

Brokerage services to foreign re-insurance companies constitutes 'export'; Retained commission non-taxable 

Re-insurance services by broker to foreign re-insurers towards securing business in India constitutes ‘export', not taxable as ‘Insurance Auxiliary Service’ pre-2006; Rejects Revenue...View More

Disposes writ challenging new Haryana works-contract deductions' validity; AO to adjudicate notices 

HC disposes writ challenging constitutional validity of new Rule 25 of Haryana VAT Rules, 2003 (Rules); Assessee challenged said Rule contesting chargeability of tax on expenses and elements of total ...View More