High Court Rulings


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

Exempt by-product cannot reduce input credit entitlement on taxable final product

HC allows full input tax credit (ITC) w.r.t. inputs used for manufacturing taxable final product despite emergence of exempted by-product during process; Sec 17 of Karnataka VAT Act, 2003 (KVAT Act) d...View More

Absent business nature / profit motive, VAT inapplicable on sole transaction of car sale

HC upholds Tribunal order, one-time sale of used car by a dealer in timber not liable to VAT @ 12.5% under Karnataka VAT (KVAT) Act; Rejects Revenue contention that VAT applicable to assessee as a &ld...View More

Xerox machines / ACs are 'capital goods'; Allows input tax rebate on software export 

HC allows input tax rebate on xerox machines, air conditioners and security systems used for export of developed software by EOU; Rejects Revenue’s contention that such equipment not used direct...View More

VAT inapplicable on 'right to use' cars leased under erstwhile sales tax

HC approves Tribunal observations, lease rentals received after introduction of Karnataka Value Added Tax, Act (KVAT Act) w.r.t. transfer of right to use cars leased under Karnataka Sales Tax Act (KST...View More

Grants service tax amnesty under VCES despite Tribunal order confirming demand

Karnataka HC extends amnesty benefit of Voluntary Compliance Encouragement Scheme (VCES) to assessee despite Tribunal order confirming service tax demand alongwith interest and penalty u/s 78 of Finan...View More

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