Supreme Court Rulings


Erection & Commissioning charges not exigible to duty; Applies Thermax ratio 

SC rules in favour of assessee, erection and commissioning charges and other ancillary works not includible in assessable value of final product; Issue squarely covered against Revenue vide apex court...View More

Absent "offer for sale" of Notification, increased tariff value inapplicable; Demand unsustainable

SC concurs with Karnataka HC, differential customs duty demand on import of RBD Palmolein consequent to increase in tariff value, unsustainable; According to HC, for bringing Notification into force a...View More

Malafide intent non-attributable where entire exercise 'revenue neutral'; Demand beyond limitation unsustainable

SC sets aside differential duty demand beyond limitation period w.r.t. goods removed for captive consumption to another factory of assessee, absent mala fide intention attributable thereto; Accepts as...View More

Quashes CESTAT ruling; Credit available on explosives used in mines; LB reigns 

SC allows assessee’s appeal, sets aside Delhi CESTAT decision which disallowed input credit on explosives used in limestone mines towards manufacture of cement for the period subsequent to April...View More

Preservation & tinning of fresh fruits, green vegetables neither 'manufacture' nor 'VATable' 

SC dismisses Revenue appeal as devoid of merit, upholds Allahabad HC order that preservation and tinning of fresh fruits & green vegetables not ‘manufacture’ and ‘sale’ the...View More

Accepts CESTAT's interpretation of exemption Notification; Grants concessional duty benefit on petrochemicals

SC upholds CESTAT order, allows concessional excise duty benefit on ‘C4 Raffinate’ (type of petrochemical) by classifying same under CETH 27.11 of Central Excise Tariff Act as “lique...View More

Mixing raw rice with vegetables not 'manufacture' absent change in essential characteristics 

SC allows assessee's appeal, mixing of raw rice with dehyrated vegetables and spice does not result in emergence of new product, hence, not 'manufacture'; Relies on SC rulings in Crane Betel Nut Powde...View More

Post HUF split, brand name mutually vesting with assessee; SSI exemption available 

SC quashes CESTAT order, allows SSI exemption under Notification No. 1/93-CE since assessee not using third party brand name, but in fact is legal owner; Notes that brand name initially belonged to HU...View More

Quashes HC judgement; Where rebate claim beyond original limitation, subsequent extension unavailable

SC allows Revenue appeal & sets aside Bombay HC judgement, claim for excise duty rebate on export of goods being filed beyond 6 months, barred by limitation u/s 11B of Central Excise Act; Bombay H...View More

Dismisses Revenue appeal; Issue whether assessment provisional or final, lies before HC 

SC dismisses Revenue's appeal on ground of maintainability; Appeal against CESTAT order on the issue whether assessment provisional or final, would lie before HC in terms of Sec 130 of Customs Act, 19...View More