Supreme Court Rulings


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

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