Supreme Court Rulings


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

Rules against assessee; 'Ready-Mix-Concrete' distinct from 'Concrete-Mix', not exempt from duty 

SC rules in favour of Revenue, interprets Notification No. 4/1997-CE and denies exemption on ‘Ready Mix Concrete’ (RCM) holding that same distinct from ‘Concrete Mix’ (CM); Rej...View More

'Sole-distributorship' not determinative of 'control', Transaction value not rejectable absent cogent reasons 

SC upholds CESTAT order, mere 'sole distributorship' not conclusive consideration for transaction value rejection between assessee (importer) and foreign party; One must demonstrate that arrangement b...View More

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