Supreme Court Rulings


'Bagasse' arising during sugar production as residue / waste not excisable, absent 'manufacture' 

SC upholds Allahabad HC order, 'Bagasse' emerging as agricultural residue/waste of sugarcane during process of sugar manufacture, not manufactured product, not excisable u/s 2(f) of Central Excise Act...View More

Dismisses review petitions; No excise liability on retained sales tax before July 2000 

SC dismisses Revenue’s review petitions, finds no justifiable reason to condone delay of 191 days in filing said petitions, nor finds any error apparent in earlier order warranting reconsiderati...View More

Dismisses Revenue SLP; 'Deemed exports' includible in EOU's DTA clearance entitlement computation

SC dismisses Revenue appeal, affirms Gujarat HC decision which allowed inclusion of 'deemed exports' (supplies to EOUs) for purpose of computing assessee-EOU’s entitlement to DTA clearances unde...View More

Printing product logo on wrapping paper constitutes 'manufacture'; Relies on Servo-Med ruling

SC allows Revenue's appeal, printing product logo as per customer’s specifications on GI paper (a duty paid base paper) and delivering to customer in jumbo rolls without slitting, amounts to 'ma...View More

Revision Authority to determine 'battery charger' tax rate; Nokia India ruling distinguishable

SC dismisses mobile manufacturer’s SLP, refuses to interfere with Himachal Pradesh HC order that refrained from entertaining writ petition against initiation of revision proceedings u/s 46 of HP...View More

Transit insurance insignificant; Freight upto buyer's premises not dutiable; Reiterates 'JCB Escorts' ratio

SC dismisses Revenue appeal, excise duty not liable to be recovered on freight charges incurred for transportation of goods from factory gate to buyer’s premises, states that in facts of present...View More

Reverses HC's 'myopic' view on Rule 18; Allows Export rebate on both inputs/final product 

SC allows rebate of excise duty paid both on inputs and on manufactured product upon export, in terms of Rule 18 of Central Excise Rules, 2002; Rejects Revenue’s stand that as per relevant rules...View More

Exemption Notification strictly construable; Absent duty payment through prescribed mode, benefit unavailable 

SC reverses CESTAT order, denies concessional rate benefit on water pump sets under Notification No. 10/02-CE, where duty not paid through prescribed mode, viz. cash or account current, but paid throu...View More

Affirms ex-factory price; Refuses to include post-clearance escalation amount in 'transaction value' 

SC rules in assessee’s favour, additional consideration received on account of price escalation subsequent to clearance of goods, not includible in ‘transaction value’ of non-woven c...View More

'Free supplies' not includible in price of product governed by MRP valuation 

SC affirms CESTAT order, MRP affixed on combination pack of face wash & shampoo, to be sole consideration for arriving at transaction value for excise duty payment; Rejects Revenue’s stand t...View More