Supreme Court Rulings


EOU's liability under exemption Notification determinable basis 'captive consumption' valuation, not 'export price' 

SC dismisses Revenue appeal, upholds CESTAT decision that excise duty for purpose of application of exemption Notification Nos. 8/97-CE & 23/2003-CE should be arrived at in accordance with Rule 8 ...View More

Dismisses Revenue appeal; Affirms simultaneous SSI exemption & MODVAT benefit to manufacturer-assessee 

SC dismisses Revenue appeals, affirms simultaneous entitlement of SSI exemption in respect of goods manufactured on own account, alongwith MODVAT / CENVAT credit in relation to branded goods manufactu...View More

No DTA clearances concession; Wax for cotton yarn = 'raw material', not 'consumable' 

SC denies concessional excise duty benefit to EOU (assessee) under Notification No. 8/97-CE r/w Circular No. 389/22/98-CX towards clearance of cotton yarn in DTA; Rejects assessee’s contention t...View More

Allows credit on goods used for constructing concrete structure; CESTAT's remand erroneous 

SC allows assessee’s appeal, grants CENVAT / MODVAT credit of goods used for construction of concrete structure and foundation on which various heavy machineries in a cement plant erected; Accep...View More

Antenna & installation cable integral to telecom equipment; Upholds concessional duty benefit 

SC grants concessional customs duty benefit under Notification No. 21/2002-Cus on import of Antenna and Installation Cable alongwith main telecom equipment, viz. Base Transreceiver Station (BTS); Upho...View More

Quashes HC order; Interest chargeable on differential duty paid before SCN issuance 

SC sets aside HC order, interest payable on differential excise duty paid before issuance of show cause notice (SCN) u/s 11A(2B) of Central Excise Act; Upholds Adjudicating Authority’s interpret...View More

Shrimps / Prawns not "agricultural produce"; no exemption on refrigeration compressor for processing thereof 

SC allows Revenue appeal, shrimps/prawns not “agricultural produce”, no benefit under Notification No. 6/2002-CE available on refrigeration compressor used for processing/storage thereof; ...View More

Processed fabric received after job-work, a 'subsequent purchase'; Affirms exemption Notification benefit 

SC dismisses Revenue appeal, affirms excise duty exemption on textile articles under Notification No. 38/2003-CE, where assessee arranged for supply of inputs directly to job-workers and they cleared ...View More

Charges for installing / assembling machinery at customers' site not includible in transaction value 

Installation, erection and commissioning charges incurred while assembling final product viz. plastic machinery at customers’ site, not includible while arriving at assessable value u/s 4 of Cen...View More

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