Supreme Court Rulings


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

SLP not meritorious; Affirms export refund denial absent services inclusion in Notification

SC dismisses assessee's SLP for lack of merit against HC order denying service tax refund under Notification No. 41/2007-ST absent inclusion of exported services from date of issue of Notification i.e...View More

Dismisses landowner's SLP against service tax levy on 'construction service' under JDA

SC dismisses SLP by landowner challenging HC order which dismissed writ petition against levy of service tax on construction service under Joint Development Agreement; HC had rejected landowner’...View More

Affirms taxation of ‘soil leveling’ for towship development as "site formation / excavation" service

SC dismisses SLP against Allahabad HC order, thereby affirming taxation of soil levelling including filling of gorges / nalah, removal of shrubs, grass and rubbish etc. in relation to development of r...View More

Affirms taxation of distributors subscription towards representational & selling rights as 'franchise service' 

SC finds no merit in assessee’s appeal against confirmation of service tax on subscription received towards representational rights granted to various distributors to sell company products, unde...View More

Sharing common storage facility does not constitute 'service', but 'joint-venture' between PSUs

SC overrules CESTAT, holds that sharing of expenses between PSUs of State of Gujarat towards incineration and maintenance of storage / handling tank installed for receiving Hydro Cynic Acid (‘HC...View More

Revenue appeal unmeritorious; Affirms non-taxability of excess baggage charges collected separately by Airliners

SC finds no merit in Revenue appeal, affirms CESTAT majority view that excess baggage charges collected by airliners are integral to main service of ‘transporting passengers by air’, not l...View More

Dismisses Revenue SLP on delay & merit; Affirms ITC non-reversal against post-sale discounts

SC rejects Revenue SLP on ground of delay in filing as well as on merit, thereby affirming HC decision on reversibility / reduction of input tax credit (ITC) by buyer upon receipt of post-sale discoun...View More