Supreme Court Rulings

Allows input credit against exempted by-products; Maintenance of separate inventory not required 

CENVAT credit available on inputs used in making exempt by-product (viz. sulphuric acid); Rejects Revenue’s contention that when two final products emerge out of common inputs, one excisable and...View More

Constitution Bench holds supply / installation of elevators as 'works contract', not 'sale'

Supreme Court’s 5-Judge Constitution Bench overrules 3-Judge Bench ruling in Kone Elevators Ltd; Manufacture, supply and installation of lifts constitutes “works contract”, not &ldqu...View More

Dismisses Revenue SLP; Input credit available on scrap from exempted goods pre-2004 

SC dismisses Revenue SLP, finding no substance in the petitions; SLP filed against Allahabad HC judgment allowing input credit proportionate to waste & scrap generated during manufacturing of exem...View More

Dismisses Revenue appeal; Tribunal cannot suo motto re-open concluded matter on merits 

SC dismisses Revenue appeal, confirming Madras HC ruling that Tribunal cannot suo motto reopen matter for rehearing on merits, post delivery of gist of decision in open court; As per Rule 26 of CESTAT...View More

Rejects Transfer Petitions; HCs to decide issue of NCCD payment by EOUs 

SC rejects transfer petitions filed under Art. 139A of Indian Constitution by Paras Fab International, Reliance Industries and S.T.I Limited; Art. 139A permits SC to withdraw and dispose of cases pend...View More

Commissioner cannot reopen issue exercising revisional powers once Tribunal order attains finality 

Commissioner of Sales Tax cannot encroach upon Tribunal’s decision attaining finality on particular issue w.r.t. same assessee, under the guise of revisional jurisdiction for subsequent assessme...View More

Dismisses Builder Association's SLP; Leaves room open to challenge Rule 58 amendment 

SC dismisses Special Leave Petition (SLP) filed by Builders Association of India against Bombay HC order, consequent to 3 Judge Bench ruling in Larsen & Toubro Limited dated September 26, 2013; Ho...View More

'Surgical cotton' & 'cotton' commercially distinct; Rajasthan / Central Sales tax applicable 

SC upholds sales tax levy on “surgical cotton” at 4% under Rajasthan Sales Tax Act (Act) and Central Sales Tax Act, during AY 1992-93; Rejects assessee’s contention that transfo...View More

Dismisses Revenue SLP; No service tax leviable on Chit Fund business 

SC dismisses Revenue’s SLP against Delhi HC judgment in Delhi Chit Fund Association; HC had held that services in connection with chit business not liable to service tax; HC further held that ch...View More

Sales tax retained under State Incentive Scheme liable to excise post July 2000 

SC allows deduction of 75% sales tax collected but retained (along with balance 25%) as per ‘Rajasthan Sales Tax Incentive Scheme 1989’ (Scheme), from assessable value u/s 4 of Central Exc...View More