High Court Rulings


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

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