Delhi HC Refuses Relief to Microsoft India seeking a Duty Relief

The Delhi High Court dismissed the plea of Microsoft India seeking a duty relief to the tune of Rs. 260 crore for alleged violation of service tax norms.

A bench comprising Justices A K Sikri and Valmiki J Mehta dismissed the petition by Microsoft India challenging the government’s demand to pay Rs 260 crore as service tax including penalty Service Taxand interest.

Additional Solicitor General A. S. Chandioke along with Advocate Mukesh Anand told the court that the IT Company had already challenged the order before the Customs Excise Service Tax Appellate Tribunal (CESTAT). As the matter was still pending before the tribunal, there were no grounds to challenge it before this court.

As per norms, CESTAT had directed Microsoft India to deposit Rs 70 crore for hearing its appeal. However, the company challenged the order and approached the High Court.

The High Court declined to stay the tribunal’s direction but asked the government to file its reply and posted the matter to be listed on September 22.

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