Supreme Court Rulings


Condemns HC's approach of entertaining writ against assessment-order without availing statutory-remedy

SC holds that Bombay HC should not have entertained writ petition under Article 226 of the Constitution of India challenging the assessment order in view of the availability of statutory alternative r...View More

Upholds setting-aside of endorsement to recover due payable by original assessee against purchaser

SC upholds Trade Tax Tribunal’s order setting aside endorsement of certificate to recover the amount due payable by original assessee against the purchaser (Assessee); Dismisses Revenue’s ...View More

Majority view of Larger Bench prevails over Smaller Bench, irrespective of number of Judges constituting majority 

In a significant decision, SC [Constitution Bench (CB)] rules that, “majority decision of a Bench of larger strength would prevail over the decision of a Bench of lesser strength, irrespective o...View More

'Guide-Car' used for hot-coke transportation not creditable; Classification adopted at supplier's end not alterable 

SC dismisses claim of MODVAT credit on 'Guide Car' used for purpose of transportation of hot coke coming out of Coke Oven Battery (COB) under Rule 57Q of the Rules 1944 as same cannot be said to be a ...View More

Copy of SC order holding service by non-resident prior to April 18, 2006 not taxable

SC holds that there shall not be any service tax liability under the Finance Act, 1994 on service received by Assessee in India when provided by non-resident/person located outside India prior to Apri...View More

Upholds refund denial on goods returned by distributor to plastic furniture manufacturer 

SC upholds Rajasthan HC order denying refund of excise duty to Assessee on goods returned by distributors, finding that value of returned goods determined by Deputy Commissioner is less than amount of...View More

Transporting employees from pick-up point to factory not 'input-service'; Upholds HC ruling

Expressing complete agreement with Bombay HC (Nagpur Bench) decision, SC (Division Bench) observes that, “Providing transportation service to the employees cannot be said to be “input serv...View More

Denies concession on paraffin/wax import to textile manufacturer, however, sets-aside extended period demand 

SC in deciding a plea regarding eligibility of assessee for benefit of concessional rate of duty on imported paraffin/wax used in manufacturing cotton yarn, confirms demand of duty/differential duty m...View More

Affirms CESTAT-order setting-aside demand under 'Consulting-Engineer' on various services executed at customer's site 

SC affirms majority decision of CESTAT Ahmedabad whereby Revisional Authority’s (RA) order confirming demand under category of ‘consulting engineer’ was set-aside, thereby dismisses ...View More

Citing no-discussion on wrong/irregular CENVAT availment/utilization issue, sets-aside CESTAT-order confirming demand 

SC allows Revenue’s appeal against CESTAT’s order setting aside demand of service tax and also the demand of CENVAT credit irregularly availing/ wrongly utilized; Post an investi...View More