High Court Rulings


Digital Cameras taxable as "IT products" post November 2005; Schedule Entry erroneous 

HC upholds taxability of ‘Digital Still Image Video Camera’ (DSCs) at 4% as “IT Product” under Entry 41A of Schedule III of Delhi VAT Act post November 2005, states that item 1...View More

Tax leviable on 'actual' sale; Deemed sale price for petroleum dealers unconstitutional 

HC strikes down Explanation 2 to Sec 2(1)(zd) of Delhi VAT (DVAT) Act as ultra vires Constitution of India insofar it permits levy of VAT on ‘deemed’ sale price of petrol / diesel, instead...View More

'Works contract' meaning restricted pre-April 2005; Printing, supplying cine-wall posters not "deemed sale" 

Printing and supply of cine-wall posters though a ‘works contract’, not taxable as ‘deemed sale’ under Andhra Pradesh General Sales Tax Act / CST Act prior to April 1995; Dy. C...View More

Affirms determination order; 'Lalbaugcha Raja' Mandal a "dealer"; Devotees offerings auction VATable 

HC upholds Tribunal order, ‘Lalbaugcha Raja’ Mandal liable to MVAT on auction of devotee offerings received during annual Ganesh Festival; Finds no merit in assessee’s contention tha...View More

Blank declaration during stock transfer attracts penalty; 'Mens rea' irrelevant; LB ratio reigns 

HC quashes Rajasthan Tax Board decision, penalty imposable on non-filling up of details in declaration form ST-18A during stock transfer of goods, u/s 78(5) of Rajasthan Sales Tax (RST) Act r/w Rule 5...View More

Upholds Tribunal order; Appeal dismissed for lack of 'destruction' evidence, not prosecution 

HC dismisses writ, upholds Maharashtra Sales Tax Tribunal order considering assessee's explanation including claim that records destroyed in floods, as being passed on 'merits' and not for 'want of pr...View More

DGFT must determine refund of TED paid utilising CENVAT credit against ICB supplies

HC sets aside Single Judge orders, directs DGFT to consider assessee’s refund claim for Terminal Excise Duty (TED) paid through CENVAT Credit Account, towards supplies made against International...View More

'Refund order' in assessment not necessary, Refund grantable pursuant to assessee's application 

HC allows writ, quashes appellate authority's order rejecting refund of amount deposited by assessee under conditional stay order, under UP VAT Act and CST Act; Assessee pre-deposited an amount under ...View More

Upholds Tribunal findings; Refund rejection absent substantive evidence of transaction nature, sustainable 

HC rejects assessee’s applications for want of question of law, finds no perversity in Sales Tax Tribunal order rejecting refund claims u/s 5(2) of Central Sales Tax Act in relation to supplies ...View More

Grants refund; Asst. Commissioner cannot sit in judgement over superior authority's findings

HC rejects Revenue appeal, Assistant Commissioner cannot reject service tax refund (in relation to Goods Transport Operator services) once approved by Commissioner (Appeals); It is trite law that once...View More