High Court Rulings


Applies dominant intention test; Medicine / stent supply in medical surgeries not 'deemed sale'

HC applies dominant intention test, supply of medicine, drugs, stents, other implants during medical treatment / procedure like surgery, angiography, a ‘service’ and not ‘sale’...View More

Disallows credit against FTZ supplies pre-March 1992; Rule 57C amendment substantive, applicable prospectively 

Bombay HC upholds Tribunal’s order, credit inadmissible on goods supplied to Free Trade Zone (FTZ) unit of Hindustan Lever Ltd. (HUL), without payment of duty, under erstwhile Rule 57C of Centra...View More

Relieves UoI; Telecom facilities not exigible to sales tax; Applies BSNL ratio

HC allows writ, quashes assessment order under Haryana General Sales Tax Act directing Union of India to deposit Rs 63 lakhs (approx) as sales tax on telecom facilities; Applies SC’s BSNL ratio ...View More

Exempts hearing aids 'parts' for handicapped, Applies purposive instead of literal interpretation 

HC upholds Tribunal’s order, extends exemption to parts and accessories of hearing aids under Entry No.2 of First Schedule to Karnataka VAT (KVAT) Act dealing with 'aids and implements used by h...View More

Storage tanks not 'capital goods' under erstwhile Rule 57Q; Credit inadmissible pre-2001 

HC dismisses assessee’s appeal, storage tanks / vessels not 'capital goods' falling under Rule 57Q of erstwhile Central Excise Rules, 1944, credit thereon inadmissible pre-2001; Concurs with Tri...View More

Hydraulic Excavator a 'motor vehicle', not 'machine'; Special Entry overrides General Entry

HC upholds Tribunal’s order, ‘Hydraulic Excavator’ used for digging from earth and carrying stone boulder, covered by specific entry of 'Motor Vehicle" under Entry 13 of Schedule to ...View More

Work stations not ‘Furniture’ but accessory to computer, allows input tax credit

HC upholds Tribunal findings, ‘work stations’ not ‘furniture’, falling under list of restricted items for input tax credit (ITC) availment under Schedule-V of Karnataka VAT Act...View More

TED against ICB supplies refundable by Joint DGFT, Circular denying refund inapplicable

HC rules on Terminal Excise Duty (TED) refund for supplies against ICB, no bar on seeking refund claim from Joint DGFT or Excise Department, subject to fulfilment of other conditions; However, rejects...View More

Allows 'spurious' goods re-export absent reasons; However, no bearing on criminal prosecution

HC allows re-export of goods deemed ‘spurious’ by Customs authorities on account of import absent adequate registration / import licence, in terms of Rule 41(1) of Drugs and Cosmetic Rules...View More

Rejects 're-sale' exemption against 'hire-purchase' sale; Trademark not exhausted post first sale

Bombay HC rules in favour of Revenue, hire and insurance premium includible in ‘sale price’ of motor vehicle sold to customer on hire purchase basis under Bombay Sales Tax Act; Rejects ass...View More