Supreme Court Rulings


Imported 'scrap' assessable basis highest auction bid received, not Indian market value 

SC dismisses Revenue appeal, upholds HC's valuation of imported goods viz. scrap, basis highest bid received during auction; Observes that, imported goods were treated as 'scrap' by dealer in USA, exp...View More

Allows lift-manufacturers to raise new plea; Tribunal to re-examine "Lifting machinery" classification 

SC remits issue of classification of ‘lifting machinery’ that is used to bring up & down an elevator / lift, to Tribunal so as to decide afresh applicable excise duty rate during the p...View More

'Concentrate' different from 'Ore'; Construing Notification strictly, denies CVD exemption thereon 

SC denies CVD exemption under Notification No.4/2006 on imported Roasted Molybdenum Ore/Concentrate, states exemption Notification strictly construable; Observes, while Note 2 to Chapter 26 deals with...View More

'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