Supreme Court Rulings


Copy of SC judgment allowing Patanjali Foods refund of BG encashed before final determination 

SC holds that the principle of unjust enrichment will not apply to application for refund where Bank Guarantee (BG) is encashed by Revenue before final determination of matter pending before the Court...View More

Citing delay, dismisses appeal against CESTAT-ruling classifying ‘cargo handling services’ as ‘courier service’ 

SC, on ground of delay, dismisses Assessee’s civil appeal against CESTAT Delhi ruling where it classified assessee’s ‘cargo handling services’ as “courier service” ...View More

Dismisses Revenue's appeal against HC-judgment quashing penalty against HDFC Bank, basis delay 

SC dismisses Revenue’s appeal in dispute involving penalty imposition for non-payment of tax on sale of repossessed vehicles on ground of delay “of 405 days in filing the Special Leave Pet...View More

Restricts Nokia's verdict applicability on mobile-charger issue to Punjab & Chandigarh 

On the issue of different VAT rates for chargers sold with mobile phones in a single retail pack in States other than Punjab & Chandigarh UT, SC restricts the applicability of Nokia ruling to thes...View More

Dismisses Revenue’s appeal against CESTAT order on ‘Platinum Sponge’ classification for 402 days delay 

SC dismisses Revenue’s civil appeal against CESTAT ruling on classification of ‘Platinum Sponge’ in assessee’s favour, for gross delay of 402 days; CESTAT held that ‘Plat...View More

Circular taking away exemption notified on ‘crude-degummed-soybean-oil’ has 'no legal consequence'; Reverses HC

SC allows Assessee’s civil appeal, grants exemption on import of crude-degummed-soyabean oil under the Duty-Free Credit Entitlement Scheme (DFCE) issued under the erstwhile E...View More

‘Appellate Authority has no power to remand’; Permits taxpayer to return to HC 

SC in matter pertaining to cross-examination during the course of assessment proceedings, permits assessee to go back to Allahabad HC so as to point out that “in view of the provisions of Sectio...View More

Rejects Revenue’s appeal challenging concessional duty on cement cleared to construction industry without MRP 

SC dismisses Revenue's civil appeal challenging the CESTAT Ahmedabad ruling, which upheld assessee’s eligibility for concessional excise duty rate under Notification No. 4/2006–CE, on ceme...View More

Coal India's payment to import agent a "no inconvenience" fee, includible in assessable value

Upholding the orders of CESTAT & lower authorities, SC rules that " engineering and technical service" fees payment by Coal India to its agent Voltas is  includable in the assessable value of...View More

Dismisses Assessee’s SLP against Settlement Commission's interest levy on delayed duty payment for EO-default 

SC dismisses assessee's SLP against Delhi HC's decision that rejected an importer's challenge against Settlement Commission order imposing interest on delayed duty payments, ruling it impermissible to...View More