Supreme Court Rulings


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

Concurs with CESTAT majority; Cold-rolling of hot-rolled stainless steel patta constitutes 'manufacture' 

SC rules against assessee, process of cold-rolling of hot-rolled stainless steel patta / pattis on job-work basis constitutes ‘manufacture’ u/s 2(f) of Central Excise Act; Upholds CESTAT 2...View More

No free shipping-bill conversion into drawback absent "reasons beyond control"; But Circular applicable 

SC disallows conversion of free shipping bills to drawback shipping bills under Rule 12(1)(a) of Customs, Central Excise Duties and Service Tax Drawback Rules 1995; A bare reading of said Rule demonst...View More