Supreme Court Rulings


Upholds Karnataka’s right to levy sales-tax on time-charter arrangement, follows '20th Century Finance' ratio

SC (3 Member Bench) holds that time charter of tug vessel by assessee (Great Eastern Shipping) to New Mangalore Port Trust (NMPT/Charterers) under Charter Party Agreement constitutes a ‘deemed s...View More

Quashes retrospective rescission of Notification extending tax rebate to units which commenced production

SC quashes Notification dated October 14, 2004 issued to rescind Notification dated February 27, 1998 providing for rebate in respect of tax payable under Uttar Pradesh Trade Tax Act, 1948 (Act) w.r.t...View More

Directs HC to decide Indian authorities competence to go behind Country of Origin Certificate 

SC sets aside Bombay HC order dismissing assesee's challenge to show cause notice (SCN) issued by Customs authorities seeking to deny concessional rate of duty on goods imported from Malaysia, di...View More

No appeal maintainable against Department’s Internal Order confirming Revenue's jurisdiction to adjudicate

SC allows Revenue’s appeal, holds that no appeal can be preferred against Internal Order (IO) of the Department taking a view that the authorities had jurisdiction to proceed in the matter i.e. ...View More

Condones delay in filing revision application before HC, remits matter

SC overrules HC, condones the delay in filing a revision application before HC reasoning that the provisions of Section 5 of Limitation Act is applicable to the revisional provision u/s 48 of Himachal...View More

No sales tax or service tax on supplies by club to members 

SC Larger Bench (LB) holds that “clubs… cannot be treated as separate in law from their members” and “there is no sale transaction between a club and its members” while ...View More

Upholds inclusion of software value/concerned services in imported machine/apparatus valuation

SC observes that value of software/concerned services is rightly included as part of apparatus or machine classifiable under the heading appropriate to the function while upholding classification of g...View More

Validates revocation of exemption to pan masala and tobacco, public interest overrides private gain

SC (3 Judge Bench) allows Revenue's appeal, upholds withdrawal of exemption to pan masala (with and without tobacco) vide Notification No. 21 of 2007-CE dated April 25, 2007 stating that "larger publi...View More

'Pre-deposit' condition not 'harsh', no inherent powers with 'Appellate-Authority' to grant 'solace'

SC upholds validity of Section 62(5) of the Punjab Value Added Tax Act, 2005 (PVAT) stipulating the condition of 25% pre-deposit for hearing first appeal; Affirms the observations of HC that said cond...View More

Overrules HC, refund application without challenging assessment/self-assessment, non-maintainable

SC overrules HC, holds that refund application against the assessed duty cannot be entertained directly u/s 27 of Customs Act, 1962 “unless the order of assessment or self- assessment is modifie...View More