Supreme Court Rulings


Allows Revenue appeal; Advance license invalidation in assessee's favour constitutes 'additional consideration' 

SC allows Revenue appeal, invalidation of advance license in favour of intermediate-manufacturer (assessee) constitutes indirect ‘additional consideration’ for sale of goods to license-hol...View More

Service contracts simpliciter taxable pre-2007, not indivisible works contracts; G. D. Builders' ratio incorrect 

SC rules in assessees’ favour, indivisible composite works contracts not taxable under Finance Act prior to June 2007; Holds that Finance Act lays down no charge or machinery to levy and assess ...View More

'Cost + principle' for related persons valuation arbitrary, when arm's length sales below cost 

SC concurs with CESTAT that assessee & joint venture company, established to manufacture final products using raw materials supplied by assessee, qualify as ‘related persons’; CESTAT h...View More

Anti-dumping duty though not exempt, payable at lower rate on EO default 

SC quashes CESTAT order enhancing anti-dumping duty (ADD) payable under Notification dated October 1998 upon default of export obligation (EO) under advance licenses, by pig iron manufacturer (assesse...View More

'Cocoa' different from 'chocolate', Laments CESTAT's lethargic approach in 'Chekkars Choco' classification 

SC laments CESTAT's approach in deciding classification dispute of 'Chekkers Choco', under relevant entries of Chapter Heading (CH) 19.05, dealing inter-alia with biscuits, waffles and wafer; While Re...View More

Aluminium dross / ash arising during die-casting manufacture, a 'by-product'; Sets aside demand

SC overturns CESTAT order, sets aside excise duty demand on aluminium dross / ash arising as 'by-product', during manufacture of die-casting of aluminium parts by job-worker; Accepts assessee's conten...View More

Affirms Delhi HC's 'proportionality test' application; Absent malafide intent, CHA license irrevocable 

SC dismisses Revenue appeal, in absence of malafide intention to actively or passively indulge in illegal narcotics export, Custom House Agents (CHA) license cannot be revoked permanently consequent t...View More

Dismisses assessee's plea on writ maintainability, when same not urged before HC 

SC upholds HC decision disallowing concessional duty benefit under Notification No. 114/80-Cus available on import of ‘web printing machine’ having output of 30,000 or more copies per hour...View More

Applies strict interpretation; Ousts 'ultrasound equipment' with additional features from exemption Notification

SC sets aside CESTAT order, denies exemption under Notification No. 16/2000-Cus on import of ultrasound systems having ‘brightness’ and ‘motion mode’ in addition to ‘ampl...View More

Dismisses Revenue appeals; Affirms non-taxability of 'shipping charges' towards imported goods transportation 

SC dismisses Revenue appeals against Mumbai CESTAT order that quashed service tax demand on shipping / barging charges towards transportation of imported goods from mother vessel, u/s 65(23) r/w Sec 6...View More