High Court Rulings


Disallowance of set-off on export unsustainable when sales tax exemption not claimed 

​Export sales of fountain pens and ball pens ​cannot be considered for disallowing set off under Rule 41D of Bombay Sales Tax Rules, 1959; Condition to Entry A-23 of Notification issued u/s 41 of ...View More

Erroneous finding or omission to consider contentions not render CESTAT's order 'non-speaking' 

HC dismisses assessee’s appeals, an erroneous finding on merit by CESTAT or failure on its part to consider some contentions does not render its order ‘a non-speaking’ one; Assessee ...View More

Credit not reversible on 'used capital goods' removal from DTA to EHTP

CENVAT credit not reversible on 'used' Capital goods removed from assessee's Domestic Tariff Area (DTA) unit to its Electronic Hardware Technology Park (EHTP) unit, under CT-3 certificate issued under...View More

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