Supreme Court Rulings

Denies concessional 'entertainment-duty' benefit on lump-sum charged for 'amusement-park' entry, reverses HC

SC allows Revenue’s appeal, holds that assessee cannot claim benefit of concessional 'entertainment duty' on lump-sum amount charged for admission and entertainment to amusement park; Sets-aside...View More

Upholds Circular excluding EOU from 'Vishesh Krishi Upaj Yojna' Scheme, dismisses assessee's appeal

SC dismisses appeal challenging Circular dated January 21, 2009 excluding export-oriented unit (EOU) from the benefit of Vishesh Krishi Upaj Yojna Scheme notified under Foreign Trade (Development and ...View More

Customs duty on warehoused goods sale assessable on 'sale price'; Kesoram ruling inapplicable

SC rules on determination of customs duty payable on tender sale of goods kept in warehouse due to failure of importer to clear imported goods and pay warehouse rent & customs duty; Holds that cus...View More

‘Purchase’ & ‘sale’ different aspects of transaction, concession under 'Industrial Policy' restricted to sales-tax

SC dismisses assessee’s appeal, holds that “question of assuming that the purchase tax was also part of the industrial policy under consideration cannot be countenanced”; Thus, finds...View More

Supply from bonded warehouse to foreign-bound ships not "import"/ "export", upholds sales-tax levy

SC dismisses assessee’s appeal, holds that sale of goods (i.e. foreign made cigarettes) kept in bonded warehouse (without payment of customs duty) to foreign-bound ships as “ship stores&rd...View More

Dismisses Revenue’s SLP against HC order rejecting sales-tax levy on inter-state works-contract

SC dismisses Revenue's SLP against order of Delhi HC which concluded that supply of goods from Mumbai to Delhi to execute works contract by assessee, engaged in supply, erection, commissioning and ins...View More

Assessee obliged to comply with statutory obligations having obtained HC’s conditional interim-order 

SC holds that conditional interim order passed by HC whereby assessee voluntarily executed bonds and filed monthly (RT­12) returns bearing endorsements, is indicative of a ‘provisional asses...View More

Cannot extend Excise exemption granted under Notification to NCCD/Cesses; SRD decision per-incuriam

SC (3 judge bench) upholds HC order, quashes challenge to Exemption Notification No.71/2003 dated September 9, 2003 issued for the State of Sikkim, to the extent, it does not extend exemption to Educa...View More

Upholds Karnataka’s right to levy sales-tax on time-charter arrangement, follows '20th Century Finance' ratio

SC (3 Member Bench) holds that time charter of tug vessel by assessee (Great Eastern Shipping) to New Mangalore Port Trust (NMPT/Charterers) under Charter Party Agreement constitutes a ‘deemed s...View More

Quashes retrospective rescission of Notification extending tax rebate to units which commenced production

SC quashes Notification dated October 14, 2004 issued to rescind Notification dated February 27, 1998 providing for rebate in respect of tax payable under Uttar Pradesh Trade Tax Act, 1948 (Act) w.r.t...View More