High Court Rulings


Dismisses writ citing alternate remedy; Tribunal's pre-deposit dispensation order 'appealable' 

HC dismisses writ petition as alternate remedy of 'appeal' available; Application for dispensation of pre-deposit before Tribunal not independent to appeal; Such order be treated as 'order passed in a...View More

Goods delivery till destination not 'input service', Karnataka HC's ABB ruling erroneous 

Outward transportation of goods upto point of delivery to customer does not qualify as ‘Input Service’ in terms of Rule 2 (l) (ii) of Cenvat Credit Rules, 2004 (CCR); ‘Input Service&...View More

Lease transactions entered pre-1986, 'deemed sale': Distinguishes SC ruling in 20th Century 

Lease transaction agreement entered pre-1986 taxable as ‘deemed sale’ under Section 3A of Tamil Nadu General Sales Tax Act, 1959 (TNGST); Contract entered prior to April, 1986, requires as...View More

Eicher's business undertaking sale exempt from VAT; Assigning price to assets irrelevant 

Sale of two business undertakings out of three, as going concern by Eicher Motors, exempt from VAT under Tamil Nadu General Sales Tax Act, 1959; Relies on various clauses in business transfer agreemen...View More

Dismisses Alstom's writ against Tribunal ruling as alternate remedy exists 

HC rejects Alstom's writ petition on CST exemption & penalty matter; Statutory remedy of filing appeal before Central Sales Tax Appellate Authority not exhausted; Order of Tribunal contains factua...View More

Advance Rulings applicable to third parties, Refuses to import Income-tax language 

Decision of Authority of Advance Ruling (ARA) binding upon person dealing in same goods in respect of which clarification sought, irrespective of whether dealer applied for such ruling or not; ARA rul...View More

Abatement notifications, tax on composite contracts not ultra-vires; Availing formula optional 

Delhi HC dismisses writ petition challenging validity of Notifications (No 15 and 18 of 2005 and No 1 of 2006), granting 67% abatement on composite contracts involved in construction activities; Servi...View More

Franchisee commission liable to VAT, not Service Tax; Distinguishes Malabar Gold ruling 

Commission received under franchisee agreement for use of trademark and goodwill of supermarket liable to Tamil Nadu sales tax and not service tax; Right to use trademark for 10 years to others' exclu...View More

No difference between "NIL" and "Free" rates, Upholds duty hike on wheat 

HC upholds customs duty hike at 50% on import of wheat in terms of Notification No. 127/99 - Cus; Sec. 8-A of Customs Tariff Act empowers Central Govt to increase rates of articles falling under First...View More

Compound tax payable on establishment turnover in toto, Dissection into branches unwarranted 

HC disallows proportionate reduction / splitting up of annual turnover for compounded tax computation u/s 8(f)(i) of Kerala VAT Act, 2003; Rejects assessee's plea for exclusion of previous year's turn...View More