Supreme Court Rulings


Denies exemption benefit; 'Pallets' intended for material handling, not 'final product' manufacture 

SC upholds CESTAT’s order, benefit under Notification No. 67/95–CE unavailable w.r.t. 'pallets' manufactured / assembled in assessee's factory and captively consumed; 'Pallets' in nature o...View More

Notice before recovery mandatory; Natural-justice principles applicable; However, absent prejudice, "empty formality"

Recovery proceedings cannot be initiated without issuance of show cause notice u/s 11A of Central Excise Act, even if provision inapplicable, it is fundamental that before taking any adverse action ag...View More

No estoppel against law; Quashes chemical analysis ultra vires procedure prescribed under Act 

SC set asides CESTAT order, test reports based on samples (for determining ash content of coking coal) not reliable if samples drawn against procedure prescribed in law, finds entire chemical analysis...View More

Allows Revenue appeal; Refers 'guar dal powder' classification issue to CESTAT LB 

SC allows Revenue appeal, quashes CESTAT order classifying ‘Guar Dal Powder’ under Chapter Heading 11.01 as a product of milling industry, dutiable at Nil rate; Notes opposing views of CES...View More

LCDs for electricity-supply meters classifiable as "LCDs", not "Meter Parts & Accessories" 

SC sets aside CESTAT order, classifies LCDs imported for use in electricity supply meters under Chapter Heading 9013 as “Liquid Crystal Devices not constituting articles provided for more specif...View More

'Sterilizes' Revenue demand; Absent 'transformation', pouched medical syringes & needles non-dutiable

SC quashes CESTAT order, sterilization of disposable syringes and needles used for medical purposes, does not constitute ‘manufacture’ u/s 2(f) of Central Excise Act; Perusing various judi...View More

Upholds CESTAT majority view; 'Defibrillators' meant predominantly for external use, not exempt 

SC upholds majority view of CESTAT, denies excise duty exemption on ‘D.C. Defibrillators’ (classifiable under CETH 9018) meant to deliver electrical shock through paddles during cardiac em...View More

Redemption deposit not 'customs duty'; Unjust enrichment principle inapplicable to refund thereof 

Principle of ‘unjust enrichment’ inapplicable to refund of amount deposited as condition of release of confiscated goods i.e. ethyl alcohol; Deposit made pursuant to interim order of Bomba...View More

Liaisoning with Coal Collieries / Railways for timely delivery to principal, not "C&F Agent" service 

SC quashes Kolkata CESTAT order, supervising and liaisoning with Coal Collieries and Railways to ensure timely delivery to principal cement manufacturer, not taxable as “Clearing & Forwardin...View More

Limitation Act to advance cause-of-justice; Excludes time in abortive appellate proceedings 

SC rules on applicability of Sec 14 of Limitation Act to appeal proceedings under Customs Act, reiterates that though Limitation Act applies only to ‘Courts’ and not ‘quasi-judicial ...View More