Supreme Court Rulings


Not furnishing test report that alters product classification against statutory/natural-justice; Reverses CESTAT 

SC, in a matter where CESTAT Mumbai upheld the higher duty on re-classification of Benzene and Toluene from heading 2902 to heading 2707.10 and 2707.20, holds that providing only gist of chemical test...View More

Quashes CESTAT order backing importers against DRI’s SCN citing Canon review verdict; Remands matter 

SC sets aside the common order passed by CESTAT, which allowed importers' (assesses) appeals against SCN issued by DRI by following the Canon India decision, observing that the “decision relied ...View More

Dismisses Revenue's appeal disputing exemption extended to sub-contractor's supply of goods under ICB 

SC dismisses Revenue’s civil appeal for inordinate delay of 309 days, which was against the CESTAT Chennai ruling wherein the sub-contractor (JSW Steel Ltd/assessee) also was found eligible to a...View More

Upholds exemption granted to Reliance on imported ‘Naptha’ wrongly classified by Revenue as Natural-Gasoline-Liquid 

SC dismisses Revenue’s civil appeal challenging the ruling of CESTAT, Ahmedabad that validated the exemption claimed by Reliance-Industries (Assessee) on ‘Naptha’ imported under Adva...View More

State lacks power to frame rule for cancelling validly issued Form-C; Dismisses Raj Govt. appeal 

SC dismisses Civil Appeal filed by the Rajasthan Government challenging HC’s judgment, which had struck down Rule 17(20) of the Central Sales Tax (Rajasthan) Rules, 1957 as ultra vires to the Ce...View More

Dismisses Revenue's belated SLP contesting SC’s exclusive jurisdiction over excise valuation disputes 

SC, on grounds of delay, dismisses Revenue’s SLP against Jharkhand HC judgment which held that appeal from determination of value of the excisable goods for the purpose of assessment would fall ...View More

SC to examine whether blanket exemption applies on construction of educational institution by builder 

SC issues notice in appeal by Revenue challenging CESTAT Chennai decision to quash service tax levy on assessee for construction of educational institutions; As opposed to view of Department that thes...View More

Dismisses challenge to Delhi HC verdict on ‘starting point’ for interest on delayed refund 

SC upholds Delhi HC judgment which ruled on ‘starting point’ for payment of interest on delay in disbursal of refund, which is, date of making of a formal application on the lines of Secti...View More

Duty-free imports tied to direct exports, third-party shipments can’t fulfill export obligation 

SC sets aside CESTAT order, partially allows revenue’s appeal, holds that for assessee to avail the exemption from import duty under Notification No. 30/1997 (which provides for 'Exemption to ma...View More

Licensing Authority jurisdiction to examine post-import violations doesn't oust customs' investigative powers 

SC dismisses assessee’s appeal against the Karnataka HC judgment, holds that customs officers can also investigate a case involving breach of post importation conditions in a case of duty free i...View More