Supreme Court Rulings


Assignment of trademark in SSI unit's favour cannot takeaway exemption benefit

Assignment of trademark by foreign company in assessee's favour does not amount to ‘use of another person's trademark’, and hence, SSI exemption benefit available under Notification No. 1/...View More

Drilling Rigs mounted on vehicle chassis, not classifiable as "special purpose motor vehicles" 

SC dismisses Revenue appeal, classifies drilling rigs mounted on motor vehicles chassis under Chapter sub-Heading 8430.00 as “Other moving, grading, excavating machinery”; Rejects Revenue ...View More

CESTAT LB to decide CD-ROMs software inclusion in imported CDMA mobiles valuation

SC remands matter to CESTAT Larger Bench to decide question of inclusion of value of CD-ROMs (software) in transaction value of imported CDMA cellular phones; Notes assessees’ contention that so...View More

Upholds 'incremental' import value for replacement power-plant parts, absent "sale" by foreign-supplier 

SC rules in favour of assessee, quashes customs duty demand on import of replacement / refurbished parts of Gas Turbine Hot Section of a naphtha based power plant, under Long Term Assured Parts Supply...View More

Accepts Revenue's 'public interest' justification; Upholds retrospective exclusions from export promotion Scheme 

SC rules in favour of Revenue, upholds exclusion of - (i) export turnover of SEZ / EOU / STP / EHTP units or products manufactured by them & exported through DTA units, (ii) supplies by one status...View More

Affirms concessional duty on branded cigarettes & no 'flow back' to manufacturer 

SC dismisses Revenue appeal, affirms Tribunal view that ‘Golden’s Style Filter King’ brand of cigarettes entitled to concessional duty benefit under Notification No. 201/85 and 78/86...View More

'Apple / Mango Tree Top' classifiable as "fruit preparation", not "other non-alcoholic beverages"

SC dismisses Revenue appeal, concurs with Tribunal that products manufactured by assessee viz. ‘Apple Tree Top’, ‘Mango Tree Top’, ‘Guava Tree Top’ and ‘Orang...View More

Imported 'scrap' assessable basis highest auction bid received, not Indian market value 

SC dismisses Revenue appeal, upholds HC's valuation of imported goods viz. scrap, basis highest bid received during auction; Observes that, imported goods were treated as 'scrap' by dealer in USA, exp...View More

Allows lift-manufacturers to raise new plea; Tribunal to re-examine "Lifting machinery" classification 

SC remits issue of classification of ‘lifting machinery’ that is used to bring up & down an elevator / lift, to Tribunal so as to decide afresh applicable excise duty rate during the p...View More

'Concentrate' different from 'Ore'; Construing Notification strictly, denies CVD exemption thereon 

SC denies CVD exemption under Notification No.4/2006 on imported Roasted Molybdenum Ore/Concentrate, states exemption Notification strictly construable; Observes, while Note 2 to Chapter 26 deals with...View More