Supreme Court Rulings


Dismisses review of applicability of 'unjust-enrichment' principle to refunds pursuant to discounts

SC dismisses review petitions against 3-Judge Bench order which ruled on entitlement of excise duty refund pursuant to year end turnover discounts and additional discounts offered by manufacturer to d...View More

Refuses to interfere with Govt.'s discretionery power to dispense excise duty u/s 11C

SC refuses to direct Central Govt. to issue Notification u/s 11C of Central Excise Act dispensing with excise duty on manufacture of Rosin and Turpentine using Bhatti process without the aid of power;...View More

'Cargo' distinct from 'goods'; Packaging activity not taxable as 'Cargo Handling' pre-June 2005 

SC holds that ‘packaging activity’ undertaken before clearance of goods from factory of principal manufacturer, is not taxable as ‘Cargo Handling Service’ (CHS) u/s 65(23) of F...View More

Dismisses SLP against HC; Affirms constitutional validity of 'mandatory pre-deposit' for appeals 

SC dismisses SLP against Jharkhand HC order which upheld constitutional validity of amendment to Section 35F of Central Excise Act w.e.f August 6, 2014 mandating pre-deposit for preferring appeal; HC ...View More

Stipulates conditions for appeal to Apex Court; Refuses to interfere with CESTAT findings 

SC rules on maintainability of appeal against CESTAT order which rejected challenge to Notification dated February 13, 2015 imposing anti-dumping duty on import of graphite electrodes from China for a...View More

Duty payment on higher of annual capacity / actual production not 'legal fiction' 

SC holds that Rule 5 of Hot Re-Rolling Steel Mills Annual Capacity Determination Rules, 1997 (‘Rules of 1997’) is neither ultra vires the authority conferred u/s 3A of Central Excise Act, ...View More

Affirms HC; Batteries integral to 'Radio Receivers' taxable at concessional, not residual rate

SC dismisses Revenue SLP, affirms Rajasthan HC decision that ‘batteries’ supplied to the Army for purpose of Radio Communication Receivers are taxable at 4%, instead of 12.5% as claimed by...View More

'Audit-objection' constitutes "information" for re-assessment; But absent 'escaped turnover' satisfaction, order unsustainable

SC holds that ‘audit objection’ can be construed as ‘information’ within the meaning of Section 19 of Bihar Finance Act 1981 on which basis the Assessing Officer can reassess d...View More

Allows Revenue appeal; Sets aside reduction of statutory penalty by CESTAT

SC allows Revenue appeal, sets aside CESTAT order reducing quantum of penalty levied by Adjudicating Authority; Notes that assessee had confined the challenge to imposition of penalty without dis...View More

Purchaser liable for ‘demurrage’ on goods imported before title acquisition; Directs appropriate remission 

SC partly allows assessee’s appeal, sets aside decision of Bombay Port declining the remission of demurrage charges claimed by assessee while directing appropriate decision on the application du...View More