Supreme Court Rulings


Stays HC order allowing refund under DVAT law despite non-furnishing of CST Forms

SC admits Revenue appeal, stays operation of Delhi HC order which held that furnishing of statutory forms under the CST Act in terms of Section 38(7)(c) & (d) of DVAT Act is not a mandatory requir...View More

Rigs imported for repair not taxable, but penalty imposable for statutory violation

SC holds that rigs imported to India solely for the purpose of repair would not constitute ‘taxable import’ since they are not ‘goods’ under Customs Act; However, provisions of...View More

Sets aside disciplinary action against VATO; However, confirms interest on delayed refund

SC upholds HC order which barred reopening of assessment beyond limitation period of 4 / 6 years prescribed u/s 34 of DVAT Act; HC had also allowed VAT refund to assessee which had become due within e...View More

Filling gases from tanker to cylinders, mixing more than one gases, not 'manufacture'

SC upholds CESTAT order, activity of regassification and packing of pure argon and nitrogen in smaller cylinders and mixing inert gases (like argon, nitrogen, helium, etc) with other gases like oxygen...View More

No interference with CESTAT recalling ROM order for appeal pendency / SC directive non-disclosure

SC refuses to interfere with CESTAT order recalling earlier order passed u/s 35C(2) of Central Excise Act against ‘rectification of mistake’ (ROM) application filed by assessee, whereby de...View More

Service-tax applicable on 'service' component in retreading of tyres, not gross consideration

SC holds that in a contract for retreading of tyres, service tax is payable only on service component and not on entire gross value, accordingly assessee is liable to pay on 30% of retreading charges ...View More

Affirms validity of validating enactment, retrospectivity of Rule 57F(4A) on lapse of unutilised credit

SC dismisses SLP challenging Delhi HC order which rejected assessee’s challenge to Finance Act 1999 amendment enacted to validate Rule 57F(4A) of Central Excise Rules 1944 and make it applicable...View More

Allows post-sale 'trade discount' deduction; Reads down proviso requiring discount reflection in invoice

SC reverses HC order which rejected deduction of trade discount extended through credit notes post completion of sale on ground that such discount was not reflected in sale invoice in terms of Rule 3(...View More

CESTAT to re-determine IMFL food-flavours excisability, inclusion of trademark royalty from CBUs

SC directs CESTAT to re-determine whether process of mixing essences to produce food flavors that are used in IMFL, would amount to ‘manufacture’ u/s 2(f) of Central Excise Act; Notes that...View More

Cannot invoke Section 5 of Limitation Act to condone delay in revision petition 

SC dismisses assessee’s SLP against Gauhati HC order, affirms inapplicability of Section 5 of Limitation Act to revision proceedings before HC u/s 81 of Assam VAT Act; Refers to Hongo India Priv...View More