High Court Rulings


Gold ornament polishing / packing not "manufacture", Denies input deduction from taxable turnover 

Upholds denial of sales tax relief on purchase of standard gold / bullion / biscuits, absent manufacturing carried within Delhi; Assessee after purchasing gold, sent raw material for manufacture on jo...View More

Uttaranchal CST concession withdrawal on IT products subsequent to amendment misconceived 

Allows HCL's writ petition and quashes State Government's notification withdrawing concession in tax rate; Allows 1% concessional Central Sales Tax (CST) benefit for 5 years on sale of specified Infor...View More

Condones Revenue's 1710 days' delay, Administrative lapse pardonable in high value cases 

HC condones delay of 1710 days in filing appeal by State Revenue against Gujarat VAT Tribunal, on merits; Cites permanent loss to exchequer, if question of VAT applicability on transfer of right to us...View More

Credit admissible on kits supplied as accessories; Relies on Bajaj Auto ruling 

Allows CENVAT Credit to Honda on tool kits and first aid kits supplied along with two wheelers; Rejects Revenue’s contention that credit inadmissible, since tool kits/first aid kits not used in ...View More

Refuses procedural leniency, distinguishes BALCO; no Cenvat credit for outside factory inputs 

HC denies CENVAT credit on inputs stored outside factory premises, without prior permission of jurisdictional Commissioner of Central Excise; CBEC Circular dated May 1, 1996 relaxes mandatory requirem...View More

Independent housing construction not a "Complex Construction service", Relies on Marvel ruling 

Construction of 15 independent houses not taxable under "Construction of Complex service" in terms of Sec. 65(105)(zzzh) read with Sec 65(91a) of Finance Act; Tax payable only on construction of build...View More

Challenge to statute's vires only through writ, Alternate remedy not available 

Sets aside Single Judge order dismissing assessee's writ, for availability of alternate remedy under Statute; Only Courts with writ jurisdiction can adjudicate on validity of statute, not Appellate Au...View More

Imposes penalty despite credit reversal prior to SCN, Distinguishes Hindustan Motor's ruling 

Imposes penalty despite reversal of MODVAT Credit prior to issuance of Show Cause Notice (SCN) / adjudication; Fact that assessee cleared inputs and capital goods without payment of duty, failed to re...View More

Allows credit of ADC on imports paid through DEPB scrip debit 

Allows credit of additional customs duty (ADC) paid through debit to DEPB scrip for the period before 2000; Rejects Revenue’s contention that credit available only when ADC paid by cash; Para 7....View More

Allows credit to job worker on capital goods, Ownership not relevant 

Ownership of capital goods not relevant for availment of credit; Job worker eligible for MODVAT credit on capital goods lent under leave and license agreement; Rejects Revenue’s contention that ...View More