High Court Rulings


Exempts goods imported as medical equipment accessory; Catalogue not conclusive for assessment 

HC allows exemption from customs duty on import of goods as accessory of medical equipment under Customs Notification No. 23/1998; Accepts assessee’s contention that accessories of all medical e...View More

Inextricable link between goods sold and exported relevant for sales tax exemption 

Tax exemption available u/s 5(3) of Central Sales Tax (CST) Act against sale of goods subsequently exported in different form; As per test laid down by SC Constitution Bench in Azad Coach Builders Pvt...View More

DEPB credit being 'goods', transferable inter-state against Form C; Sets aside re-assessment 

HC allows assessee’s writ petition, Duty Entitlement Pass Book (DEPB) credit transferable inter-state at a concessional rate against 'Form C'; SC in Yasha Overseas case held that DEPB credit is ...View More

Running factory canteen a "business"; Food / beverage supply to employees constitutes 'sale' 

Supply of food and beverages at subsidised rates at factory canteen constitutes ‘sale’ u/s 2(29) of Karnataka VAT Act; Amount collected by assessee from employees and guests, though on &ls...View More

Trade discount through credit notes after sale completion remains taxable 

HC disallows deduction of trade discount passed by way of credit notes at month end after completion of sale, from taxable income under Karnataka VAT Act; Tribunal order excluding such discount errone...View More

Tax non-remittance a 'non-technical' offence; Financial stringency irrelevant for penalty imposition 

HC upholds penalty u/s 45A of Kerala General Sales Tax Act (KGST Act) for non-filing of returns and non-payment of tax dues within due date; Non-remittance of tax due under the Act & Rules an offe...View More

Denies input credit on fertilizers, pesticides used in tea/coffee cultivation 

HC upholds Single Judge order, denies input tax credit (ITC) w.r.t. fertilizers, pesticides, agricultural implements, used for growing/cultivation of tea/coffee plants, against manufacture and sale of...View More

Notes VAT payment on coffee / tea vending machine services, reduces pre-deposit 

HC grants partial respite, reduces pre-deposit in case of service tax demand under ‘outdoor catering service’ for supply of coffee / tea at client’s premises; Issue of service tax ex...View More

Tribunal's reliance on liquid assets misconstrued when P&L A/c shows loss; Reduces pre-deposit 

HC grants partial respite, reduces pre-deposit against service tax demand under reverse charge on ship management, maintenance & repair, business auxiliary and business support services received f...View More

Pre-deposit entailing undue hardship and financial difficulty not enforceable, Tribunal order set aside

Sets aside Tribunal’s order directing pre-deposit of entire tax demand, as pre-deposit entails undue hardship and financial difficulty to assessee; HC holds that Tribunal not justified in orderi...View More