Supreme Court Rulings


Affirms CESTAT; Post clearance bullet-proofing cost not includible in value of 'Jeeps' 

SC dismisses Revenue appeal, value addition made to the base vehicle viz. ‘Jeep’ by way of bullet proofing not includible in transaction value for purpose of excise duty; Notes that in nor...View More

CESTAT to re-determine includability of dealers' advertising expenses in value of cars 

SC allows Revenue appeal, sets aside Chennai CESTAT order which quashed differential excise duty demand on advertisement expenditure incurred by dealers of car manufacturer (assessee); Notes that seve...View More

Cash management not taxable as "BAS", when excluded from "banking services" pre-2007

SC dismisses Revenue appeal, services rendered by assessee-bank such as collection of telephone bills, collection of insurance premium on behalf of client companies, not liable to service tax as &ldqu...View More

Upholds CHA license cancellation, leniency unwarranted where statutory Regulations flagrantly violated 

SC sets aside HC order, upholds Commissioner’s order cancelling Customs House Agent (CHA) license in terms of CHA Licensing Regulations, 2004 (CHALR) on ground of misuse, amountin...View More

Time for assessment not extendable after limitation period expiry, Karnataka HC ratio relied

SC dismisses Revenue appeal, upholds HC findings that power to extend time for assessment cannot be exercised once limitation period prescribed u/s 10(11) of Punjab General Sales Tax Act, 1948, expire...View More

Upholds 16% tax on 'Survey instruments', in lieu of 3%; Quashes penalty absent mens rea 

SC upholds Madras HC order, “survey instruments” classifiable under Entry 14, Part F of Schedule I to Tamil Nadu General Sales Tax Act attracting tax @ 16%, not under Entry 50 of Part B, t...View More

Delayed refund interest payable from expiry of 3 months from application receipt

Interest u/s 11BB of Central Excise Act, 1944 on delayed refund, payable on expiry of 3 months from date of receipt of application, relies upon SC ruling in Ranbaxy Laboratories Ltd.; Rejects Revenue'...View More

LB extends expansive interpretation to "inputs" under CCR 2002; Differs from Maruti Suzuki ratio 

SC Larger Bench answers in affirmative question as to whether definition of term “input” in Rule 2(g) of CENVAT Credit Rules 2002 (CCR 2002) could be understood to include items beyond the...View More

Deferred sales tax repayment period computable from grant of eligibility, not completion 

SC rules in favour of Revenue, period for repayment of deferred sales tax benefit by an industrial unit under Jharkhand VAT Act must be computed from completion of eligibility period of deferment or p...View More

Motor vehicle sale co-terminus with registration; Affirms deletion of penalty by HC

SC dismisses Revenue appeal, affirms HC view that no penalty u/s 45A of Kerala General Sales Tax Act (KGST Act) can be imposed on Hyundai cars dealer (assessee) i.r.o. sales made through branch office...View More