High Court Rulings


Quashes penalty imposition absent condition fulfilment of best judgment assessment; Remits matter

Madras HC quashes order levying penalty on observing that condition of best judgment assessment has not been considered by the Department before passing the impugned order inter-alia levying penalty w...View More

Merely showing purchases through invoices insufficient to prove 'bonafide'; Allows Revenue's Revision

Allahabad HC rules that “claim for non-taxability cannot be accepted” once the dealer failed to establish the purchases and the physical movement of goods; Holding that ...View More

Declaration in ST-3 returns after audit investigation valid 'quantification' for SVLDRS eligibility

Madras HC considers the declaration of assessee in its ST-3 returns filed after initiation of investigation and audit but before the cut-off date of June 30, 2019 as ‘quantification’ of ta...View More

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