High Court Rulings


CHA license revocation proceedings must commence within 90 days from offence report

HC allows writ, notice for Customs House Agent’s (CHA) license revocation to be given within 90 days from receipt of ‘offence report’ in terms of Regulation 22(1) of Customs House Ag...View More

'All Industry' drawback claim cannot bar 'brand rate' determination; Quashes CBEC Circular

HC quashes CBEC Circular dated December 30, 2011 to the extent it bars ‘Brand Rate’ drawback determination under Rule 7 of Customs, Central Excise Duties and Service Tax Drawback Rules, 19...View More

'Accountants' can prima facie appear before VAT authorities; Vacates interim order against non-advocates

Allahabad HC allows impleadment applications of ICAI and ICSI, vacates interim order which barred Chartered Accountants, Company Secretaries and Cost & Works Accountants from filing returns and ap...View More

Quashes Tribunal order; Must claim input credit within 6 months under KVAT law 

Karnataka HC quashes Tribunal order, input tax credit (ITC) for a particular period cannot be claimed beyond 6 months, in return filed for subsequent period; As per Sec 10 of Karnataka VAT Act, ITC mu...View More

Agreement with intending purchaser for residential project construction, not taxable pre-July 2010 

Agreement entered with intending purchaser for construction of residential flat not taxable as “Construction of Complex service” as defined u/s 65(105)(zzzh) of Finance Act, 1994 pre-July ...View More

Mobile towers neither 'capital goods' nor 'inputs'; Disallows credit to Bharti Airtel

HC rejects Bharti Airtel’s appeal, Mobile towers / prefabricated building structure (PFB) neither ‘capital goods’ under Rule 2(a) nor ‘inputs’ under Rule 2(k) of CENVAT C...View More

Foreign 'market' rate crucial; Accepts higher pricing for determining pharma exports rebate

HC allows full rebate under Rule 18 of Central Excise Rules, 2002 on sale of pharmaceutical products through subsidiary situated in United States under exclusive rights; Rejects Revenue contention tha...View More

Transportation agencies outside Kerala VAT purview; Registration not compulsory absent statutory provision 

Parcel transporting and clearing agencies not 'dealers' in terms of Sec 2(xv) of Kerala VAT Act, 2003 (Act); Registration cannot be pressed absent specific legislative provision, such agencies only re...View More

Rejects restrictive meaning to input services; Allows CHA / Shipment Agent services credit 

Gujarat HC upholds Tribunal order, allows input credit against Customs House Agent and Shipping Agent & Container services under Rule 2(l) of CENVAT Credit Rules for period prior to 2011; Rejects ...View More

Upholds constitutional validity of Gujarat State Notification restricting ITC on interstate sale

HC upholds constitutional validity of Sec 11(6) of Gujarat VAT Act which enables State Govt to curtail input tax credit (ITC) in respect of specified goods / class of dealers, by way of Notification i...View More