Supreme Court Rulings


Allows excess tax refund on LPG cylinders, pursuant to Ministry's price fixation 

SC allows refund of excess sales tax paid on LPG cylinders supplied to oil companies, pursuant to price revision / fixation by Ministry of Petroleum & Natural Gas; Observes, a bare reading of Sect...View More

Upholds classification of essential boiler components cleared in parts, as complete machine 

SC affirms classification of ‘essential components / parts of a boiler’ under sub-heading 8402.10 of First Schedule to Central Excise Tariff Act as “All goods other than parts”...View More

Affirms CESTAT LB decision; Free supplies by service recipient for construction service non-taxable 

SC concurs with CESTAT Larger Bench, rules that value of goods / material supplied or provided 'free of cost' by service recipient for use in "construction of commercial or industrial complex" service...View More

Legal Metrology Act inapplicable to 'mineral water' sale above MRP in hotels/restaurants

SC upholds Single Judge bench view of HC, provisions of Standards of Weights and Measures Act, 1976 (SWM Act, 1976), Standards of Weights and Measures (Enforcement) Act, 1985 (SWM Act, 1985) and ...View More

Allows CENVAT credit on outward transportation from place of removal, before 2008 

SC allows CENVAT credit on outward transportation services availed beyond place of removal, under Rule 2(l) of CENVAT Credit Rules; Having regard to definition of “input service” prior to ...View More

All trade discounts permissible deductions for taxable turnover; Southern Motors' parameters applicable 

SC quashes Karnataka HC judgment, holds that all trade discounts are allowable as permissible deductions for arriving at taxable turnover; Observes that the words “in respect of the sales relati...View More

Quashes HC's wrong reliance on ABB Ltd. ruling; Directs re-consideration of 'GTA' taxability

SC sets aside Karnataka HC judgment for wrongly dismissing Revenue appeal where issued pertained to liability of assessee as “Good Transport Agency” u/s 65(50b) r/w Section 65(105)(zzp) of...View More

No CENVAT credit of goods transportation from factory to buyer's premises post-2008

SC holds that CENVAT credit on GTA service availed for transport of goods from place of removal to buyer’s premises is not admissible to assessee, post amendment to Rule 2(l) of CENVAT Credit Ru...View More

Dismisses Revenue SLP; Upholds transfer of unutilised credit upon shifting of factory 

SC dismisses Revenue SLP, finds no ground to interfere with Madras HC ruling which allowed transfer of unutilized CENVAT credit under Rule 10 of CENVAT Credit Rules upon shifting of assessee's factory...View More

Dismisses appeal challenging denial of 'packaging material' exemption on distinct steel drums 

SC refuses to admit assessee’s appeal challenging order of Mumbai CESTAT which disallowed exemption under Notification No. 184/76-Cus on stainless steel drums, holding that they do not qualify a...View More