High Court Rulings


Trade discount through credit notes after sale completion remains taxable 

HC disallows deduction of trade discount passed by way of credit notes at month end after completion of sale, from taxable income under Karnataka VAT Act; Tribunal order excluding such discount errone...View More

Tax non-remittance a 'non-technical' offence; Financial stringency irrelevant for penalty imposition 

HC upholds penalty u/s 45A of Kerala General Sales Tax Act (KGST Act) for non-filing of returns and non-payment of tax dues within due date; Non-remittance of tax due under the Act & Rules an offe...View More

Denies input credit on fertilizers, pesticides used in tea/coffee cultivation 

HC upholds Single Judge order, denies input tax credit (ITC) w.r.t. fertilizers, pesticides, agricultural implements, used for growing/cultivation of tea/coffee plants, against manufacture and sale of...View More

Notes VAT payment on coffee / tea vending machine services, reduces pre-deposit 

HC grants partial respite, reduces pre-deposit in case of service tax demand under ‘outdoor catering service’ for supply of coffee / tea at client’s premises; Issue of service tax ex...View More

Tribunal's reliance on liquid assets misconstrued when P&L A/c shows loss; Reduces pre-deposit 

HC grants partial respite, reduces pre-deposit against service tax demand under reverse charge on ship management, maintenance & repair, business auxiliary and business support services received f...View More

Pre-deposit entailing undue hardship and financial difficulty not enforceable, Tribunal order set aside

Sets aside Tribunal’s order directing pre-deposit of entire tax demand, as pre-deposit entails undue hardship and financial difficulty to assessee; HC holds that Tribunal not justified in orderi...View More

Excavator's interstate sale, whether 'capital asset' / 'stock-in-trade', taxable; Separate registration unnecessary 

HC allows writ, ‘used excavator’ not separately includible in Registration Certificate to effect interstate sale; ‘Excavator & accessories’ exigible to 12.5% tax already me...View More

Evaluate taxability u/s 67 before resorting to Rule 3 of Valuation Rules; Reduces pre-deposit

HC grants partial respite to assessee, reduces pre-deposit against service tax demand on expenses incurred while rendering mining services to license-holders; Assessee entered into 2 agreements with m...View More

'Limitation' a statutory right; Upholds assessment after 8 years allowed under law 

HC dismisses writ, assessment order passed on March 30, 1998 for AY 1989-90 not barred by limitation in terms of Sec 21(2) of U. P. Trade Tax Act; Though such assessment may prima facie be barred by l...View More

Allows refund to service recipient upon downward price revision, absent unjust enrichment 

HC allows refund of excess service tax paid by service recipient consequent to downward revision of transmission charges ​payable to service provider; Rejects Revenue’s contention that assesse...View More