Supreme Court Rulings


Stays HC judgment quashing DGCEI's coercive action against MakeMyTrip without SCN

SC admits Revenue SLP, stays operation of Delhi HC judgment which quashed coercive recovery proceedings, including arrest of senior Co. official, instituted by DGCEI against MakeMyTrip for alleged fai...View More

Stays HC order striking down Rule 5A(2) empowering Officers to summon audit reports

SC admits Revenue SLP, stays operation of Delhi HC judgment in case of Mega Cabs Pvt. Ltd. that struck down Rule 5A(2) of Service Tax Rules (as amended by December 2014 Notification) to the extent it ...View More

SC admits Revenue appeal; Will determine classification of pesticides / plant growth material

SC admits Revenue appeal challenging Chennai CESTAT decision which upheld assessee’s classification of manufactured pesticides, plant growth materials and bio-fertilizers under CETH 3105 9090 as...View More

Disallows dual benefit of partial exemption & concessional rate on inter-State sales

SC upholds HC decision, disallows simultaneous benefit of partial sales tax exemption under Rajasthan State Notification dated May 6, 1986 and concessional rate of 6% under Notification dated January ...View More

Affirms CESTAT; Rejects transaction value assessment of job-worked fabrics sold as Dhotis 

SC affirms valuation of job-worked fabric at cost of raw material + job charges in lieu of transaction value at which assessee cleared same to customers; Notes CESTAT’s finding that after receiv...View More

No distinction between 'Bitumen emulsion' & 'Bitumen'; Extends concessional VAT rate 

SC upholds HC order, rules that 'bitumen' and 'bitumen emulsion' are one and the same and therefore, bitumen emulsion is entitled to concessional VAT rate under Entry 22 – “Bitumen” ...View More

"Packing materials" distinct from "inputs" for tea; Denies Entry Tax exemption / concessional rate

SC holds that packing materials which enter local area for consumption viz. for packing manufactured tea, cannot be said to be raw material, components or inputs for purpose of claiming exemption or l...View More

Payments to sub-contractors excludible from total turnover, rejects Revenue's 'multi-point levy' argument 

SC holds that value of work entrusted to the sub- contractors or payments made to them shall not be taken into consideration while computing total turnover for the purposes of Section 6-B of the Karna...View More

Applies 'unjust-enrichment' principle to duty refunds pursuant to discounts; Follows Bombay Tyre / Mafatlal

3-Judge Bench of SC rules on entitlement of excise duty refund pursuant to year end turnover discounts and additional discounts offered by manufacturer to dealers by way of credit notes; Rejects Reven...View More

No retrospective SAD exemption on imports from Nepal; India's trade protocol inapplicable 

SC disallows exemption from Special Additional Duty (SAD) on import of various dental hygiene products from Nepal during the period March 1, 2000 to September 29, 2000 in terms of Notification No. 124...View More