Supreme Court Rulings


'Risograph' a printing machine, not photocopier; Allows concessional duty benefit on import 

SC sets aside Tribunal order, 'Risograph machine' is in nature of screen printing machine and not duplicating machine, classifiable under CTH 84.43 and not 84.72; Cannot equate Risograph machine with ...View More

Reverses HC order; Reviewing Authority's delay deciding to appeal before Tribunal, condonable 

SC reverses P&H HC findings, condones delay of 8 days in passing of review order u/s 35E of Central Excise Act by Committee of Chief Commissioners (‘Committee’) pursuant to Commissione...View More

Confirms HC order; Lumpsum duty payable despite annual installed production capacity reduction 

SC upholds P&H HC order, confirms applicability of Rule 5 of Hot Re-rolling Steels Mills Annual Capacity Determination Rules, 1997 ('Rules') which postulates lump sum duty payment, despite change ...View More

Upholds CESTAT order; Affirms non-taxability of fertiliser packaging, constituting 'manufacture' 

SC dismisses Revenue appeal finding no good ground to interfere with Mumbai CESTAT order which quashed service tax demand u/s 65(76b) of Finance Act on packaging of fertilisers for manufacturer; CESTA...View More

Lays down law on impleading Court / Tribunal as 'party' while deciding writs 

SC rules on impleading of Court or Tribunal as a party in writ petitions as well as on maintainability of letters patent appeal (‘LPA’) before Division Bench under Articles 226 and 227 of ...View More

Applies purposive interpretation to luxury tax; Clubs total plinth ownership in building 

SC rules on levy of luxury tax on residential apartments, states that a person being an owner of “plinth area” of more than 278.7 sq. mts. in one building, would be liable to tax u/s 5A of...View More

Affirms 2-Judge Bench ruling; 'Interpretation Rules' contextual; A/C kit & compressors separately classifiable 

SC Larger Bench affirms 2-Judge Bench ruling, ‘car air-conditioning kit’ falling under CETH 8415 minus ‘automotive gas compressor with or without magnetic clutch, covered under Sr. N...View More

Applies 'best judgment assessment' for captive goods valuation in turnkey projects 

SC applies ‘best judgment assessment’ under Rule 7 of Central Excise Valuation Rules 1975, for determining value of smoke detectors used captively in execution of turnkey projects i.e., wh...View More

Upholds second-hand machinery valuation basis depreciation on 'original', not 'chartered engineer' value 

SC dismisses U.P. State PSU’s appeal, upholds depreciation method adopted by Revenue in terms of CBEC Circular dated November 19, 1987 to ascertain value of machinery imported from Nepal after c...View More

Upholds CEGAT order; "Relevant facts" sine qua non for 'best judgment' anti-dumping duty assessment 

SC dismisses Revenue appeal absent merits, upholds CEGAT’s decision rejecting anti-dumping duty determined for ‘Aniline’ basis “best judgment assessment” by Designated Au...View More