High Court Rulings


Defective motor vehicle parts replacement in warranty constitutes 'sale', exigible to tax 

HC upholds Tribunal order, replacement of defective motor vehicle parts by dealer during warranty period constitutes ‘sale’ and thereby, exigible to tax under Gujarat VAT Act; Applies SC r...View More

Allows CENVAT credit on goods transport service, basis TR-6 challans, pre-June 2005 

HC allows CENVAT credit on Goods Transport Agency (GTA) service, on strength of TR-6 challans, pre-June 16, 2005, absent any documents prescribed for availing credit on such services; Notes that, Rule...View More

Delay due to lack of 'testing' centres, Revenue not prima-facie liable to 'demurrage'

HC dismisses assessee’s writ petition that Revenue liable to demurrage charges where it failed to test detained goods in reasonable time, delay by authorities attributable to lack of testing cen...View More

Land transfer in 'works contract' non-taxable; Reads down 'deductions' for "price" calculation 

P&H HC upholds constitutional validity, but reads down Rule 25(2) of Haryana VAT Rules, holds that VAT payable on value of goods at time of incorporation in works contract, not on transfer of immo...View More

Quashes Single Judge's order; Alternate remedy availability no ground to dismiss writ 

HC sets aside Single Judge's order dismissing writ merely on ground that alternate remedy of filing appeal available, when books of accounts and audit report duly filed by assessee, not rejected by as...View More

CVD credit available to manufacturer despite importer's failure to declare 'refund non-availment' 

HC upholds CESTAT’s order, credit not deniable to assessee, despite fact that importer failed to furnish declaration about non-availment of refund of countervailing duty (CVD) w.r.t. imported go...View More

Dismisses writ; Absent CST registration, no 'mandamus' directing purchaser to issue Form-C 

HC refuses to issue writ of mandamus directing purchaser of goods to issue Form-C in assessee’s favour to avail concessional tax rate under Central Sales Tax (CST) Act; Under said Act, a registe...View More

Tax burden transference vide contract cannot curtail Revenue's right to recover from service-provider 

HC upholds service tax liability on State Transport Corporation towards “sale of space or time for advertisement” on bus-queue shelters and time-keeping booths, u/s 65(105)(zzzn) of Financ...View More

Allows refund; Assessee being "State" organisation, 'unjust enrichment' doctrine not attributable

HC grants respite to manufacturer, allows excise duty refund on steel products supplied to Tamil Nadu Govt. undertaking in relation to Public Distribution System; Rejects CESTAT view that there is not...View More

'Freight' includible in "sales turnover" absent evidence of separate reimbursement by purchaser 

Freight charges includible in ‘sale price’ u/s 2(36) of Rajasthan VAT Act, 2003 absent evidence that same charged and reimbursed separately by purchaser, i.e Railways; As per Explanation I...View More