High Court Rulings


Denies input credit on fertilizers, pesticides used in tea/coffee cultivation 

HC upholds Single Judge order, denies input tax credit (ITC) w.r.t. fertilizers, pesticides, agricultural implements, used for growing/cultivation of tea/coffee plants, against manufacture and sale of...View More

Notes VAT payment on coffee / tea vending machine services, reduces pre-deposit 

HC grants partial respite, reduces pre-deposit in case of service tax demand under ‘outdoor catering service’ for supply of coffee / tea at client’s premises; Issue of service tax ex...View More

Tribunal's reliance on liquid assets misconstrued when P&L A/c shows loss; Reduces pre-deposit 

HC grants partial respite, reduces pre-deposit against service tax demand under reverse charge on ship management, maintenance & repair, business auxiliary and business support services received f...View More

Pre-deposit entailing undue hardship and financial difficulty not enforceable, Tribunal order set aside

Sets aside Tribunal’s order directing pre-deposit of entire tax demand, as pre-deposit entails undue hardship and financial difficulty to assessee; HC holds that Tribunal not justified in orderi...View More

Excavator's interstate sale, whether 'capital asset' / 'stock-in-trade', taxable; Separate registration unnecessary 

HC allows writ, ‘used excavator’ not separately includible in Registration Certificate to effect interstate sale; ‘Excavator & accessories’ exigible to 12.5% tax already me...View More

Evaluate taxability u/s 67 before resorting to Rule 3 of Valuation Rules; Reduces pre-deposit

HC grants partial respite to assessee, reduces pre-deposit against service tax demand on expenses incurred while rendering mining services to license-holders; Assessee entered into 2 agreements with m...View More

'Limitation' a statutory right; Upholds assessment after 8 years allowed under law 

HC dismisses writ, assessment order passed on March 30, 1998 for AY 1989-90 not barred by limitation in terms of Sec 21(2) of U. P. Trade Tax Act; Though such assessment may prima facie be barred by l...View More

Allows refund to service recipient upon downward price revision, absent unjust enrichment 

HC allows refund of excess service tax paid by service recipient consequent to downward revision of transmission charges ​payable to service provider; Rejects Revenue’s contention that assesse...View More

Evaluate 'Photo developing' taxability against BSNL ruling; 'Rainbow' ruling not 'good law' 

HC allows Revenue's revision application on taxability of photo developing, printing and processing under UP Trade Tax Act; Quashes Tribunal order which allowed assessee’s appeal by simply relyi...View More

Sets aside CESTAT order allowing duty drawback during EOU debonding process 

HC sets aside ​ ​Tribunal order allowing duty drawback availed in respect of exports made during EOU de-bonding process; Assessee applied for exit from EOU scheme and between period of application...View More