Supreme Court Rulings


Dismisses appeal on settled classification; Revenue's mindless exercise an 'abuse of law'

SC dismisses Revenue appeal, condemns Revenue's approach in preferring appeal in matter of classification of ready mix concrete, when matter already settled by Apex Court; States that issue has been d...View More

Milk shake / soft serve mix classifiable as "dairy produce", not "food preparation" 

SC dismisses Revenue appeal, ‘milk shake mix’ and ‘soft serve mix’ meant for institutional sales, classifiable as “dairy produce” under Chapter sub-heading 0404.90;...View More

Quashes demand; Royalty for using 'brand name' not "additional consideration" for sale 

SC allows assessee’s appeal, royalty for using brand name "NOVINO" belonging to 'brand owner', not an additional consideration for sale of goods under Rule 5 of Central Excise (Valuation) Rules,...View More

Towers, doors being safety devices, constitute 'parts' of 'wind operated electricity generators' 

SC dismisses Revenue appeal, windmill doors and electrical boxes are components/parts of wind operated electricity generators, entitled to exemption benefit under Notification No. 06/2002-CE; Windmill...View More

Chocolate job-work pricing uninfluenced by loan advanced for machinery purchase by principal 

SC dismisses Revenue appeal, upholds price charged by job-worker for manufacture of chocolates on behalf of Nestle India Ltd; Rejects Revenue’s stand that sum of Rs 4.5 Cr advanced by Nestle inf...View More

Interprets ADD provisions in consonance with WTO obligations; No levy in "gap" period 

No anti-dumping duty (‘ADD’) can be imposed on imports made during the “gap period” between expiry of provisional ADD and imposition of final ADD; Rejects Revenue contention th...View More

Credit prohibition against exempt goods prospective; Allows entire accumulated credit utilisation post-2002 

SC dismisses Revenue appeal, allows utilisation of entire accumulated input credit to manufacturer-assessee upon coming into force of CENVAT Credit Rules (CCR) 2002; Rejects Revenue contention that as...View More

Revenue cannot withhold tax refund; Assessee entitled despite goods transfer to merchant-exporter

SC allows service tax refund to assessee, where title to goods transferred to merchant-exporter (ME) who ultimately effected export and received payment from purchaser; Earlier, Bombay HC while findin...View More

Interprets Mafatlal Industries ratio; 'Unjust enrichment' inapplicable to refund order passed pre-1991 

SC dismisses Revenue appeal, upholds HC findings that ‘unjust enrichment’ doctrine inapplicable to refund order passed under un-amended Section 11B of Central Excise Act (Act) pre-1991, st...View More

Rules on 'reassessment limitation' under U.P. Trade Tax Act; Overrules HC interpretation 

SC overrules Allahabad HC and quashes initiation of reassessment proceedings u/s 21(2) of U.P. Trade Tax Act post expiry of 6 years from end of AY 1990-91; Rejects Revenue’s stand that amendment...View More