High Court Rulings


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

Pager activation service independent of unit sale; Allows relief on Airtime charges 

Airtime charges and license fees charged under contract for selling activated pager not part of sale price and not liable to sales tax, selling price of pager restricted to hardware; Sales order clear...View More

Committee of Commissioners approval sufficient to appeal before Tribunal, against Commissioner (Appeals) order 

HC rules on jurisdiction and authority of Commissioner u/s 35B of Central Excise Act to appeal against Commissioner (Appeals) order before Tribunal; Accepts Revenue contention that Chief Commissioners...View More

Raps Revenue for 'arrogant' approach; Personal hearing must before rejecting credit refund 

HC allows writ, rejection of CENVAT credit refund without affording hearing opportunity to assessee / applicant violates principles of natural justice; Deputy Commissioner dispensed with such requirem...View More

Records verification / hearing must before rejecting amnesty application; Admonishes Revenue's procedural flaw

HC allows assessee’s writ, application filed under Tamil Nadu Sales Tax (Settlement of Arrears) Act, 2011 cannot be rejected without calling for records / documents or affording personal hearing...View More

Router a 'computer peripheral' taxable as IT product at lower rate of 4% 

HC dismisses Revenue appeal, ‘Router’ a computer peripheral, taxable as Information Technology product @ 4% under Part B of Schedule I to Tamil Nadu VAT Act; Rejects Revenue cont...View More

Works contract non-taxable pre-2006; Taxing goods @ 12.5% instead of 4% too 'far-fetched'

Iron & Steel used in same form in execution of civil works contract, viz. laying pipes and construction of water tanks in villages, taxable @ 4% as ‘declared goods’ u/s 14 of Central S...View More

Raps assessee for judicial process abuse; Denies composition benefit on flats construction 

HC disallows benefit of composition tax to assessee, a contractor / builder, under proviso to Sec 4(7)(d) of Andhra Pradesh VAT Act; Conditions required to attract Sec 4(7)(d) that dealer should be en...View More