High Court Rulings


Permits provisional release of prohibited second hand machine, subject to eventual adjudication

HC allows assessee’s writ, permits assessment and provisional release of second hand Digital Multifunction Print and Copying Machines, a prohibited item, subject to eventual adjudication; Prohib...View More

Transformers supplied for setting Hydel project taxable @4% as 'renewal energy device'

HC upholds Tribunal’s findings, transformers supplied along with other machinery for setting up a Hydel power project constitutes ‘renewable energy device’; Transformers ‘clien...View More

Quashes Tribunal order; Cannot insist pre-deposit of interest before May 2007 

HC quashes Tribunal order, pre-deposit of interest leviable u/s 11DD of Central Excise Act cannot be insisted prior to insertion of Explanation u/s 35F w.e.f. May 11, 2007; Rejects Revenue contention ...View More

Curtails Dy. Commissioner's powers under KGST Act; Can revise only original assessment orders 

Dy. Commissioner can invoke revisionary powers u/s 35 of Kerala General Sales Tax Act (KGST Act) only to modify original assessment orders, not orders passed consequent to Appellate Authority’s ...View More

Despite no liability on job-work, allows input deduction of consumables used therein 

HC allows input tax deduction under Karnataka Sales Tax Act on consumables used during job-work, being in course of business of manufacturing iron castings; Though no output tax payable on job-work, a...View More

Can't apply "Ejusdem generis” to broaden legislature's intention; 'Mosquito killer' taxable @ 4% 

​Products used for killing flying / crawling insects not ‘mosquito repellants’ even if ​they incidentally kill mosquito​es​, hence not taxable @ 12.5% but ​at lower rate of 4% un...View More

Summons issuance sufficient to debar VCES amnesty; However, shows leniency towards penalty

HC disallows amnesty to Public Sector Undertaking under VCES, in view of pending inquiry / investigation on ‘Goods Transport Agency’ services availed; In addition to barring persons agains...View More

State tax & CST credited to same Consolidated Fund; Cross adjustment allowable 

HC allows set off / adjustment of excess payment of State sales tax against deficit in Central Sales Tax deposit of equivalent amount; Disregards Revenue plea that albeit direct credit of both taxes i...View More

User-test inconclusive for classification; Allows lower rate on Railway frame supplies

Manufacture and supply of honeycomb partition frame sets to Indian Railways taxable @ 5% under Entry No. 76 of Third Schedule to Karnataka VAT Act (KVAT Act); Rejects Revenue contention that such good...View More

Taxpayer not 'babes in the wood'; Upholds interest post FIAT ruling

HC quashes writ, upholds interest on Rs 311 Cr (approx.) excise duty confirmed by SC in ‘FIAT’ order pursuant to finalisation of provisional assessment of motor vehicles under Rule 9B of e...View More