Supreme Court Rulings


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

Facts & purpose guide product classification; 'Shrink Sleeves' not printing industry product 

SC dismisses Revenue appeal, ‘shrink sleeves’ manufactured from duty paid plastic film classifiable under CETH 39.20 dealing with “Plastics and articles thereof”; Rejects Reven...View More

Upholds CESTAT view; 'Sugar syrup' captive consumption for aerated water manufacture, non-dutiable 

SC upholds CESTAT decision quashing excise duty demand on ‘sugar syrup’ used captively as intermediate product in manufacture of aerated water; Revenue sought to impose duty on the ground ...View More

Dismisses Revenue appeal; MRP valuation applicable to TVs, not accessories like 'woofers' 

SC dismisses Revenue appeal, TV ‘woofers’ not assessable to MRP valuation u/s 4A of Central Excise Act; Affirms CESTAT view that MRP based assessment is for TV sets and not for its accesso...View More

Dismisses Revenue appeal; Affirms lumpsum trademarks royalty exclusion from related party imports 

SC dismisses Revenue appeal, affirms Mumbai CESTAT view that lumpsum royalty paid for “trademark usage” and “technical know-how” to related foreign entities not liable to custo...View More

Affirms CEGAT view; Revokes extended limitation as duty-free clearance disclosed in CT-3 Certificate 

SC finds no merit in Revenue appeal, upholds CEGAT’s view that extended period of limitation u/s 11A of Central Excise Act not invokable for recovering excise duty demand on clearance of manufac...View More