Supreme Court Rulings


Affirms HC order upholding amendment to 1996 Andhra Pradesh Industrial policy, but quashes interest, penalty 

SC affirms Andhra Pradesh HC judgment upholding the validity of amendment made to Rule 67 of the A.P. VAT Rules, 2005 vide GOMs. No.503 dated May 8, 2009, however, to the extent the amendment led to d...View More

Concession withdrawal by Govt. cannot be subject of judicial-scrutiny: HC erred in judging reason-merits 

SC delivers ruling in Central govt/Revenue’s favour on the question of its power to withdraw benefit of concession rate on imported goods (printing machine) by amending the exemption notificatio...View More

Supreme Court split on invocation of Doctrine of 'Legitimate Expectation'; Justice Murari propounds 10 principles

A division bench of Supreme Court renders split verdict on the question of appellants being entitled to a sales tax exemption despite an amendment to the West Bengal Sales Tax Act, 1994...View More

Chemical Preparations for cinematographic-films, produced in situ and captively consumed, not marketable goods 

SC upholds CESTAT order holding that chemical preparations used in the processing of cinematographic films, produced by Assessee in situ and captively consumed are not marketable goods falling under C...View More

Dismisses Revenue’s SLP against HC-order on classification of ‘Toffee’ & 'Candy' sold by ITC

SC dismisses Revenue’s SLP against HC order which upheld classification of ‘toffee’ and ‘candy’ manufactured by ITC Ltd. (Respondent-assessee) as ‘sweetmeat and sug...View More

No scope for ignoring 'first-sale' by sister concern, also holding ‘Nilkamal’ brand 

SC sets-aside order of Kerala HC which observed that both Kaveri Pet and Polyforms Pvt. Ltd.(Kaveri/sister concern) and assessee being holders of Nilkamal brand, sale by Kaveri to assessee did not con...View More

Upholds Tribunal's order confirming demand for misdeclaring 'Prime goods' as 'Rejects' to avail concession 

SC upholds CESTAT’s oder rejecting appeals of assessees (a 100% EOU) against whom duty demand alongwith penalties were raised for selling/clearing ‘Prime Quality Goods’ by misdeclari...View More

Addition/Blending of Multi-Functional Additives with Petrol/Diesel doesn’t result in new product emergence

SC holds that addition or blending of Multi-Functional Additives with Motor Spirit (MS) and duty paid High Speed Diesel (HSD) doesn’t result in transformation of those products into new products...View More

Mixing of paint with additive doesn’t result in new commercial product, hence the process is not ‘manufacture’

SC holds that mixing of base paint with additive doesn’t result in a new commercial product but paint itself, thus the process doesn’t amount to ‘manufacture’; Revenue contende...View More

State competent to levy tax on tobacco till 2001; Embarks on ‘inclusion’ effect 

SC while deciding a batch of appeals rules on the question of taxability of ‘Pan Masala’ or ‘Gutka/Gutkha’ by State enactments viz. the Delhi Sales Tax Act, the Uttar Pradesh T...View More