High Court Rulings


Upholds Settlement Commission's order, No immunity from interest, penalty absent true disclosure 

HC dismisses assessee's writ to modify Settlement Commission's order, upholds levy of interest and penalty absent any fault found with decision-making process adopted by Settlement Commission; Rejects...View More

Quashes assessments; Allows composition benefit on construction completion post flat sale

Denial of composition scheme to dealers engaged in construction and sale of residential apartments, buildings or commercial complexes, for post-sale construction made in terms of initial agreement wit...View More

Allows 'sale price' deduction; Quarterly 'turnover discount' through credit notes = 'trade discount' 

HC upholds deduction of quarterly 'turnover discount' given to dealers by way of credit notes from “sale price” u/s 2(m) of Delhi Sales Tax Act, thereby rejecting Tribunal findings that de...View More

Upholds ITC adjustment in current year, despite 'c/f to subsequent period' in return 

HC upholds VAT Tribunal order, allows Input Tax Credit (ITC) adjustment towards current year’s output tax liability despite carry forward of such credit to subsequent tax period, in submitted re...View More

Absent 'ultimate delivery', bus plying for State Transport Corp. not "deemed sale"

Delhi HC grants relief to Delhi Transport Corporation (DTC) bus operator, agreement with DTC to give bus on hire for plying on specified routes, as per specified schedule, not a ‘transfer of rig...View More

Grants "legislative flexibility", upholds stage-wise taxability under MVAT Rules; Bombay Tyre reigns 

Bombay HC rejects challenge to amendment to Rule 58 of Maharashtra VAT (MVAT) Rules vide Notification dated January 29, 2014 and ensuing Trade Circulars 7T of 2014 and 12T of 2014, dismisses petitione...View More

Adopts lexical meaning of "Handicrafts"; Grants concessional rate benefit; 'Manufacturing place' inconsequential 

‘Decorative Stained Glass’ products taxable @ 4% as ‘Handicrafts’ under Sl. No. 128 of Third Schedule in terms of Sec 4(1)(b) of Delhi VAT Act, not as unclassified items @ 12.5...View More

Limitation period applicable to best judgment assessment, where proper accounts not maintained 

HC upholds Tribunal’s order, best judgement assessment u/s 41(7) of Gujarat Sales Tax Act (Act), where assessee has not employed any proper method of accounting, would be governed by time limit ...View More

Applies 'common parlance' test; Grants concessional rate inter alia on markers, carbon paper

HC upholds Rajasthan Tax Board’s order, ‘marker’ & ‘highlighter’ classifiable as “pen” chargeable at Nil rate, not “stationery” taxable at 4%;...View More

Allows cement & steel credit for jetty construction in port, despite exemption 

HC sets aside CESTAT order, allows input credit of cement & steel used in construction of jetty, to a port service provider; Rejects Revenue contention that construction of jetty being exempt serv...View More