High Court Rulings


Lease rentals taxable under DVAT Act w.e.f. April 2005, notwithstanding prior agreement execution

HC dismisses assessee’s appeal, lease rentals received on or after enactment of Delhi VAT Act w.e.f. April 2005, taxable under said Act at 12.5%, in respect of lease agreement executed before Ma...View More

Cement/purchases for research, not integrally connected with manufacturing, Disallows set off  

HC upholds Tribunal’s order, disallows set-off under Rule 41(D)(1) Bombay Sales Tax Rules on cement used in foundation of machinery and materials acquired for research and development (R&D) ...View More

Punching / perforation of paper sold as computer stationery, constitutes ‘manufacture', not 'resale' 

HC upholds Tribunal order, activity of perforation, punching holes, printing blue lines and insertion of carbon paper between perforated and punched sheets, constitutes ‘manufacture’, not ...View More

Quashes penalty proceedings; Imposition absent assigned reasons reflects non-application of mind

HC allows writ, quashes penalty proceedings initiated u/s 90 of Assam VAT Act, 2003 alleging wilful evasion of tax, absent any reasons assigned thereof, consequently, bakijai proceedings under Bengal ...View More

No suppression when legal position doubtful; Differential duty demand on royalty time-barred

HC upholds CESTAT (Third Member) order, that, while royalty / licence fee paid on import of beta/digibeta tapes containing films is includible in assessable value of tapes, however, demand set aside o...View More

Applies dominant intention test; Medicine / stent supply in medical surgeries not 'deemed sale'

HC applies dominant intention test, supply of medicine, drugs, stents, other implants during medical treatment / procedure like surgery, angiography, a ‘service’ and not ‘sale’...View More

Disallows credit against FTZ supplies pre-March 1992; Rule 57C amendment substantive, applicable prospectively 

Bombay HC upholds Tribunal’s order, credit inadmissible on goods supplied to Free Trade Zone (FTZ) unit of Hindustan Lever Ltd. (HUL), without payment of duty, under erstwhile Rule 57C of Centra...View More

Relieves UoI; Telecom facilities not exigible to sales tax; Applies BSNL ratio

HC allows writ, quashes assessment order under Haryana General Sales Tax Act directing Union of India to deposit Rs 63 lakhs (approx) as sales tax on telecom facilities; Applies SC’s BSNL ratio ...View More

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