High Court Rulings


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

Pressure cookers not 'aluminium utensils', concessional rate unavailable; Other State schedules irrelevant

HC dismisses writ, pressure cookers not classifiable as 'aluminium utensils and enamelled utensils' so as to be taxed @ 4% under Part-A of Second Schedule, but taxable @ 12.5% under residuary list of ...View More

Upholds Tribunal order; Redemption fine not imposable absent export goods confiscation

HC dismisses Revenue appeal, upholds Tribunal's order that no redemption fine can be imposed u/s 125 of Customs Act absent actual seizure / confiscation of export goods; Relies on Division Bench rulin...View More

Upholds sales tax on 'Tata' brand name use; Rejects BSNL ruling reliance

Bombay HC dismisses Tata Sons' writ petition, upholds sales tax levy for AY 1998-99 to 2001-02 on ‘TATA' brand equity and business promotion agreements entered with various TATA Companies, under...View More