High Court Rulings


Duty-free shop renting within airport an 'airport service', not taxable pre-June 2010

HC disposes assessee's writ petition (WP) challenging levy of service tax on rental and royalties payable to Delhi International Airport Pvt. Ltd. (DIAL) w.r.t. duty free shops in airport premises; Ho...View More

Dismisses writ as alternate appeal remedy exists, HC cannot pre-empt any adjudication 

HC dismisses writ petition challenging re-assessment orders passed by Commissioner as alternate and efficacious appeal remedy under Customs Act not exhausted; Writ cannot be entertained only on premis...View More

Prohibiting CHA license based on allegations in importer's notice not tenable 

HC allows writ petition against order prohibiting assessee from operating as Customs House Broker based on allegations in Show Cause Notice (SCN) issued to importer/client; Regulation 23 confers discr...View More

Tribunal allowing rent-a-cab service credit during stay proceedings invalid, but waives pre-deposit 

HC allows Revenue appeal, quashes Tribunal order that ruled in assesse’s favour allowing rent-a-cab service credit at the stage of hearing stay application / waiver of pre-deposit; However, acce...View More

Denying cross examination alone not enough to conclude violation of natural justice 

HC upholds Tribunal order denying exemption benefit on cranes imported under EPCG licence in terms of Notification No. 55/2003-Cus and directing confiscation of goods; Rejects assessee’s plea of...View More

Equipment provided on BOOT basis for use not "sale"; VAT not applicable 

HC grants relief to Tata Consultancy Services Ltd, quashes VAT demand on equipment used in providing network services to Meghalaya State Govt. departments and PSUs on "Build, Own, Operate & Transf...View More

Exempts goods imported as medical equipment accessory; Catalogue not conclusive for assessment 

HC allows exemption from customs duty on import of goods as accessory of medical equipment under Customs Notification No. 23/1998; Accepts assessee’s contention that accessories of all medical e...View More

Inextricable link between goods sold and exported relevant for sales tax exemption 

Tax exemption available u/s 5(3) of Central Sales Tax (CST) Act against sale of goods subsequently exported in different form; As per test laid down by SC Constitution Bench in Azad Coach Builders Pvt...View More

DEPB credit being 'goods', transferable inter-state against Form C; Sets aside re-assessment 

HC allows assessee’s writ petition, Duty Entitlement Pass Book (DEPB) credit transferable inter-state at a concessional rate against 'Form C'; SC in Yasha Overseas case held that DEPB credit is ...View More

Running factory canteen a "business"; Food / beverage supply to employees constitutes 'sale' 

Supply of food and beverages at subsidised rates at factory canteen constitutes ‘sale’ u/s 2(29) of Karnataka VAT Act; Amount collected by assessee from employees and guests, though on &ls...View More