High Court Rulings


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

Tax incentive non-extendable when production stopped in toto; Upholds State Committee's condonation rejection

HC upholds State Level Committee's decision refusing to condone break in production during eligible period under Gujarat Govt’s Sales Tax Incentive Scheme; Such Scheme intends to provide capital...View More

Must interpret 'job-worker' in context of MODVAT Rules to determine credit reversibility

HC allows duty free removal of moulds & dies to ‘job-workers’ as permitted by jurisdictional Commissioner in terms of Rule 57S(8) of erstwhile Central Excise Rules, 1944; Rejects Reven...View More

Upholds Tribunal order; Pre-2010, service rendition from India must to qualify as 'export'

HC disallows input service credit refund towards onsite IT services rendered by overseas branches / subsidiaries to customers abroad prior to February 2010; As per Rule 3(2) of Export of Service Rules...View More

CENVAT credit reversal exemption on supply to SEZ developers 'retrospective', applicable pre-2008

Karnataka HC rules on applicability of exception to Rule 6(6) of CENVAT Credit Rules in respect of supply of goods to both SEZ unit and developer prior to December 2008; Holds amendment to Rule 6(6) v...View More

Arrears recoverable from bonafide assets purchaser; Transfer of Property Act prohibition inapplicable

HC rules on recovery of tax dues of defaulting dealer, from bonafide purchaser of such dealer’s immovable property, u/s 26 r/w Sec 27 of Andhra Pradesh VAT Act, 2005 (AP VAT Act); Unlike Sec 100...View More