Supreme Court Rulings


"Close-Up Whitening" classifiable as 'dental cleaner', not 'toothpaste', dehors HSN Notes aid

SC upholds CESTAT order, 'Close-Up Whitening' manufactured for Hindustan Lever Ltd, not classifiable as 'toothpaste' under CETH 3306.10, but as 'dental cleaner' (i.e. other form of dental hygiene) und...View More

Affirms 'wholesale price' valuation; Uniform price for different speaker models constitutes 'undervaluation'

SC dismisses assessee’s appeal, upholds rejection of declared invoice price of imported speakers by CESTAT, in terms of Rule 10A of Customs Valuation Rules; CESTAT rejected 'invoice price' ...View More

'Kitchen boy' neither intended person nor authorised agent; Adjudication order service invalid 

SC quashes Uttarakhand HC order for miscarriage of justice, serving adjudication order on ‘kitchen boy’ of company not valid service as contemplated u/s 37C of Central Excise Act and conse...View More

'Jetty' maintenance expenses adjusted as 'wharfage charges', not taxable as 'port service' 

SC upholds CESTAT order, expenses collected from Ultra Tech Cement Ltd (UCL) as ‘wharfage charges’ by Maritime Board, a statutory body administering and operating minor ports (assessee), f...View More

Applies purposive interpretation; Jute waste not "rags"; Allows concession on paper manufacture 

SC quashes CESTAT order, grants concessional excise duty on paper and paper products manufactured from unconventional materials like pulp of jute waste / gunny bags under Notification No. 22/94-CE, ho...View More

'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