Supreme Court Rulings


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

Affirms township land development non-taxability as 'complex construction service' or 'works contract' 

SC dismisses Revenue appeal, finds no good ground to interfere with CESTAT’s view that development of land owned by Housing Corporation for township neither taxable as ‘construction of com...View More

CESTAT to determine 'notional interest' taxability against advances resulting in price discount 

SC remands matter pertaining to inclusion of notional interest accrued on advance received from customers, noting that assessee received 90% advance from Coco Cola India and 100% advance from Pepsico ...View More

Reverses CESTAT; Duty leviable on 'actual' imports, not 'Bill of Lading' quantity

SC overrules CESTAT, customs duty leviable on crude oil actually received at shore tank in India, not on 'Bill of Lading' quantity; Perusing the statutory scheme, including Rules 4 & 9 of Customs ...View More

Upholds CEGAT's view; Booking deposit irrelevant to motorcycle cost, not "additional consideration" 

SC upholds GEGAT order, deposit taken at time of booking motorcycle does not consitute 'additional consideration', absent any relevance to motorcycle cost; CEGAT had observed that overall effect of de...View More

SC : Relieves Pfizer; Imported drug classifiable as 'anti-bacterial chemical', not 'pre-mix animal feed' 

SC sets aside CESTAT order, ​"​Virginiamycin​"​ imported under brand name ​"STAFAC 1000" classifiable as anti bacterial/organic compound under Customs/Excise Tariff Heading 2941.90; Rejects ...View More

Upholds CESTAT findings; SSI not assessee's shadow company indulging in job-work undervaluation 

SC upholds CESTAT findings, no connivance between assessee and SSI unit to manufacture electric hair removers and dyers on job-work basis and pay excise duty at lesser rate; CESTAT had rejected Revenu...View More

Dismisses Revenue appeal; Upholds MRP based valuation of 'footwear' cleared to institutional customers 

SC upholds CESTAT's findings, 'footwear' cleared in packages to institutional customers with MRP affixed on them, not exempted under Rule 34 of Packaged Commodity Rules, (PC Rules) to be valued u/s 4A...View More

Dealer's pre-delivery inspection & after-sale service expenses / charges outside 'transaction value' purview 

SC rules in favour of assessee, ‘pre-delivery inspection’ (PDI) and ‘after-sale service’ (ASS) charges not includible in assessable value of two-wheelers cleared to dealers, u/...View More