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High Court

Bombay High Court Restricts Provisional Attachment to Disputed Amount in MVAT Act Case — Section 48(5) Constitutional Challenge Rejected. Court holds that attachment under Section 35 must be proportionate, and directs respondents to limit attachment to Rs.1.81 crores.

30 Apr 2012

The petitioner, M/s. Premium Paper and Board Industries Ltd., a registered dealer under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and the C...

High Court

Bombay High Court examines maintainability and delay condonation in appeals filed by State under Bombay Sales Tax Act, 1959. The dispute pertained to taxation of kerosene used as feedstock and returned stream after extraction of N-Paraffin under an agreement between Reliance Industries Limited and Bharat Petroleum Corporation Limited.

22 Mar 2018

The matter involved a batch of petitions challenging orders of the Maharashtra Sales Tax Tribunal under the Bombay Sales Tax Act, 1959. Reliance Indus...

High Court

Bombay High Court Quashes Reassessment Notices in Sales Tax Case Due to Lack of Reasonable Belief — Reopening Based on Mere Suspicion and Incomplete Information Held Invalid Under Section 35 of Bombay Sales Tax Act, 1959 and Rule 9A of Central Sales Tax (Bombay) Rules, 1957.

15 Apr 2010

The petitioners, Shree Venkateshwara Petro Chemicals Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India chall...

High Court

High Court of Karnataka Quashes Detention of Goods Under GST for Lack of Jurisdiction — Second Detention Without Proper Authorization Invalid. The court held that detention of goods under Section 129 of CGST Act, 2017 requires proper authorization and cannot be done without jurisdiction.

19 Aug 2020

The petitioner, a transporter registered under the Central Goods and Services Tax Act, 2017 (CGST Act) and Integrated Goods and Services Tax Act, 2017...

Supreme Court

Supreme Court Allows State's Appeal in Sales Tax Case, Upholding Validity of Tax Deduction at Source Rule. Rule 3A(2) of Tripura Sales Tax Rules, 1976 Held as Machinery Provision Under Section 44 of Tripura Sales Tax Act, 1976, Not Ultra Vires, as Transfer of Right to Use Goods Constitutes Taxable Sale.

24 Mar 2023

The dispute arose from the State of Tripura's appeals against the Gauhati High Court's judgment declaring Rule 3A(2) of the Tripura Sales Tax Rules, 1...

High Court

High Court of Karnataka Examines Validity of Confiscation After Detention Under CGST Act. Goods Transported Without E-Way Bill and Alleged Undervaluation Leads to Dispute Over Proper Officer's Jurisdiction Under Sections 129 and 130 of CGST Act.

16 Aug 2022

This writ petition before the High Court of Karnataka Dharwad Bench concerned a challenge to an appellate order confirming the confiscation of goods a...

Supreme Court

Supreme Court Dismisses Appeal by Union of India Against Quashing of Show Cause Notices in Service Tax Classification Dispute. Transport Operators' Services Classified as 'Goods Transport Agency' Not 'Cargo Handling Service' Based on Binding CBEC Circulars.

15 Feb 2019

The case involves an appeal by the Union of India against a Gujarat High Court judgment quashing show cause notices issued to transport operators unde...

High Court

Bombay High Court Allows Petition of Manufacturer for Refund of Octroi Duty on Imported Chemical Intermediate. Sulphonic Acid, a Raw Material for Detergents, Not Covered Under Entry 18 of Schedule H to the Mumbai Municipal Corporation Act, 1888 as It Is Not a Substance Used in Washing.

25 Feb 2005

The petitioner, Hindustan Lever Limited, a manufacturer of soaps and detergents, imported Sulphonic Acid, a toxic chemical intermediate used as raw ma...

High Court

Karnataka High Court Allows Appeal in KVAT Penalty Case — Penalty Under Section 70(2)(a) Cannot Be Imposed Without Specific Finding of Mens Rea or Fraudulent Intent. Revisional Authority's Restoration of Penalty Set Aside as Assessee Had Disclosed Purchases in Returns and Paid Tax.

13 Jun 2018

The case involves an appeal filed by M/s Bhavani Enterprises, a registered dealer under the Karnataka Value Added Tax Act, 2003, against an order of t...

High Court

Bombay High Court Upholds Classification of Hard-Anodised Utensils Under Residual Entry in Sales Tax Reference. Hard-Anodised Utensils Held Not Classifiable as Aluminium Utensils Under Entry C-II-17 of Schedule E of Bombay Sales Tax Act, 1959, But Under Residual Entry C-II-46A.

22 Nov 2016

The case involves two Sales Tax References under Section 61 of the Bombay Sales Tax Act, 1959, at the instance of Meera Metal Industries (the applican...

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