Supreme Court Rulings


Interprets Delhi Sales Tax law; SAD exemption unavailable on imported "tax-free" goods

SC denies special additional duty (SAD) exemption under Notification No. 34/98-Cus. on import of pig hair bristles, since no sales tax chargeable on local sale of imported goods; Said Notification spe...View More

Grants respite to 'cooler' manufacturer on limitation, albeit acceding to case merits 

SC grants relief to assessee, revokes extended period of limitation under proviso to Sec. 11A of Central Excise Act for recovering excise duty on parts of ‘walk-in coolers’ manufactured du...View More

Affirms CESTAT order; Wall construction along river bed outside 'Site formation' purview 

SC upholds CESTAT findings, though diaphragm wall construction along Sabarmati river bed under agreement with River Development Corporation classifiable as 'Site Formation and Clearance, Excavation an...View More

Dismisses SLP; Transportation charges a 'pre-sale expenditure', includible in taxable turnover, VATable 

SC dismisses assessee’s SLP thereby affirming HC decision on includibility of transportation charges in total taxable turnover, liable to VAT under Karnataka VAT laws; HC had upheld Tribunal fin...View More

Printed metal advertisement poster, a product of printing industry, not 'sign plate' 

SC rejects Revenue appeal, printed metal backed advertisement material / posters, known as ‘Danglers’, placed at point of sale for customers information / advertisement, classifiable under...View More

Raps State Tax Dept for curtailing CST concession despite Cabinet Policy extension 

SC raps State Excise & Tax Dept. for restricting availability of 1% Central Sales Tax (CST) concession, despite State Cabinet decision to extend 2004 Industrial Policy to eligible units upto March...View More

Rejects declared "transaction value" where complete system imported in guise of 'components' 

SC allows Revenue’s appeal, rejects assessment of imported ‘parts/components’ under Rule 10A of Customs Valuation Rules, 1988, on ground of mis-declaration in Bills of Entry (BoE); C...View More

Condemns CEGAT for cryptic order without discussion on 'place of removal' determination 

SC condemns CEGAT's approach in concluding that 'place of removal' not customer's destination absent any detailed discussion in respect thereof, remands matter back for fresh consideration; Commission...View More

Affirms exemption denial on 'Bata' footwear; Quashes penalty for bonafide production outsourcing 

SC upholds Tribunal order, denies Bata excise duty exemption on footwear and hawai chappal retailed below Rs 75/-; Though assessee met the ‘Retail Sale Price’, goods sent to other factorie...View More

Affirms CESTAT; Concession entitlement determinable upon condition during import; Post-clearance intention immaterial 

SC upholds CESTAT order denying concessional duty benefit on import of second-hand non-computerised embroidery machines alongwith reading devices, same cannot be treated as “computerised embroid...View More