High Court Rulings


Exemption cannot be forced, SSI can also avail MODVAT scheme 

SSI units can opt to discharge full excise duty on final products utilizing MODVAT credit, instead of availing exemption benefit under a Notification; Rejects Revenue’s contention that since SSI...View More

Approves highway sub-contractor's civil works-contract status, lower rate benefit available 

Activity of supplying & installation of metal crash barriers on highway as a sub-contractor, part and parcel of "highway project"; Installation and fixing thereof qualifies as 'civil works contrac...View More

Quantity discount towards past performance not deductible in computing taxable turnover 

HC upholds Revisional Authority’s order, disallows quantity / trade discount in tax invoices as deduction for taxable turnover computation under Rule 3 of Karnataka VAT (KVAT) Rules; Discount gr...View More

Allows gross profit apportionment towards labour for computing works contract turnover 

HC sets aside Revisional Authority’s order, allows gross profit deduction towards labour in addition to standard deduction at 30% for determining taxable turnover of civil works contract under R...View More

Upholds service tax levy on AC restaurants; Differs from Kerala HC ratio

Bombay HC dismisses writ filed by Indian Hotels and Restaurant Association, upholds validity of service tax levy on air-conditioned restaurants serving liquor u/s 65(105)(zzzzv) of Finance Act; Reject...View More

Can't apply 'Mafatlal' ratio to override law; Tax refund hit by limitation 

1 year limitation applicable on service tax refund claim u/s 11B of Central Excise Act, though tax (on commission income, treated as export of service) erroneously paid; Rejects assessee’s conte...View More

Upholds Tribunal order; Food supplied at clients' premises taxable as "outdoor catering" 

HC upholds Tribunal order, food served to clients’ employees at their premises constitutes “outdoor catering services” u/s 65(105)(zzt) r/w Sec 65(24) and 65(76a) of Finance Act; Rej...View More

Remand of service tax proceedings for denovo adjudication well within Appellate Commissioner's powers 

HC dismisses Revenue appeal against Tribunal’s order, Commissioner (Appeals) vested with powers to remand case back to lower adjudicating authority for de novo adjudication u/s 85(4) of Fin...View More

Grants partial respite to Aircel against valuation of software imported with equipment 

HC grants partial respite to Aircel in matter of valuation of software embedded in imported telecom equipment, waives 50% pre-deposit; Alongwith equipment, assessee imported software on media claiming...View More

Grants exemption; No difference between "computer" & "vocational" training before June 2005 

HC grants service tax exemption to computer training institute under Notification No. 24/2004-ST w.e.f. September 10, 2004; Imparting computer software / hardware skills can be construed as “voc...View More