High Court Rulings


Quashes SCN against Britannia proposing refund reversal; Directs inter-department coordination to rectify anomaly 

Karnataka HC quashes show cause notice (SCN) against Britannia Industries (assessee) proposing the reversal of refund (of 70% of net VAT paid as refund from the Department of Industries...View More

Levy/adjustment of excise-duty towards destroyed liquor stocks without authority of law

Patna HC allows a batch of writ petitions, rules that, excise duty levy could be only on sale or liquor for human consumption and is not permissible to be levied on destroyed liquor; Remarks “...View More

Quashes demand citing 'nominal' and not 'real' ‘opportunity’ for 'personal hearing'

Madras HC against confirmation of tax demand and penalty under Tamil Nadu General Sales Tax Act, 1959,  holds that, opportunities alleged to have been granted to Assessee are not the real ones, b...View More

Revenue cannot re-adjudicate/re-quantify amount when processing refund-order; Quashes notice for re-determination 

Madras HC holds that having already assessed and passed the refund order, Revenue cannot issue notice for re-determination of refund without any provision of the law thus, the Assessee is entitled for...View More

Directs refund of amount voluntarily paid "under protest" by HSBC, retained by Revenue without authority

Bombay HC rules that the amount deposited by Assessee on the premise that it may face a service tax levy on the interchange income, wouldn’t mean that the deposit under protest would partake the...View More

Assessee cannot require service-tax authorities to meet VAT demand found payable on Pest Control Contracts

Kerala HC rejects Assessee’s service tax refund plea raised in pursuance of VAT demand, as the instant case is not one where the levy of service tax was under any provision found to be constitut...View More

Reference of ‘today’ in order means date when copy is issued/made ready 

Madras HC sets-aside rejection of appeal on time-bar ground on finding the appeal against refund rejection well within the period of limitation; Against Revenue’s stance that limitation period w...View More

Directs reopening portal to generate Form-C for ENA-purchases made by Alcoholic-Liquor manufacturer 

In a relief to purchasers of Extra Neutral Alcohol (ENA), Madras HC directs the Department concerned and the State Govt to issue Form ‘C’ for all the ENA purchases made by assessee (engage...View More

Citing directory nature of time-extension provisions under SVLDRS, directs acceptance of payment

Madras HC citing the directory nature of the time extension provisions under SVLDR Scheme, rules that, the application filed by the Petitioner, consequent to the payment made, has to be accepted ...View More

Time-limit for payment under SVLDRS ‘only directory’, directs issuance of discharge-certificate 

Madras HC accepts the declaration made by assessee under SVLDRS, although belatedly, on finding that fixing time limit under the Scheme is ‘only directory in nature’, since if it is mandat...View More