Supreme Court Rulings


'Settlement' with State Govt does not absolve partner's liability against firm's dues 

SC upholds Bombay HC order, Revenue not abstained from proceeding against partner in respect of dues payable by partnership firm despite settlement with State Govt, absent specific provision in Bombay...View More

Actual sale irrelevant to determine 'intermediate product' excisability; However, demand time barred 

SC upholds excisability of ‘Transmission Assembly’, an intermediate product arising during manufacture of exempt goods, viz. Tractors below 1800 CC, pre-June 1998, however, sets aside dema...View More

Expenditure upto transfer of ownership to buyer, dutiable; Distinguishes "Escorts JCB" ruling 

SC sets aside CESTAT order, upholds inclusion of freight, insurance and unloading charges to arrive at assessable value in terms of Sec 4 of Central Excise Act, where goods delivered at buyers' (Govt ...View More

No merit in appeal; Affirms penalty for suppression of tax on 'BAS'

SC dismisses assessee’s appeal as devoid of merit, affirms Ahmedabad CESTAT order which refused to waive penalties imposed u/s 77 & 78 of Finance Act for non-payment of tax on Business Auxil...View More

Port Trust = 'Dealer' under Kerala GST Act; Sales besides statutory functions, taxable 

SC upholds Kerala HC order, Port Trust liable to tax on sale transactions carried on by it besides statutory functions, as a ‘dealer’ under Kerala General Sales Tax Act (Kerala Act), holds...View More

Job-worker not 'using' distributor's copyright in music-CD duplication; Royalty excluded from valuation 

SC allows relief to assessee (a job-worker duplicating music CDs and supplying to distributor) , royalty paid by distributor towards music-copyright, not part of assessable value (AV) of duplicate CDs...View More

Reverses HC order; Quashes 'notional fixation' of handling charges when actual ascertainable 

SC sets aside Madras HC order, strikes down proviso (ii) to Rule 9(2) of Customs Valuation (Determination of Price of Imported Goods) Rules, 1988, providing for notional fixation of handling / loading...View More

Absent importation of entire plant in unassembled form, exemption benefit unavailable

SC denies exemption to imported parts/components of ‘hot mix plant’, intended for construction of road for National Highways Authority of India (NHA), under exemption Notification dated Ma...View More

Dismisses Revenue appeal; Technical fees for imported plant set-up non-dutiable absent sale pre-condition 

SC dismisses Revenue appeal, fees for technical services from foreign consultant towards setting up & commissioning of manufacturing unit in India, not includible in import value of steel plant; R...View More

'Unjust enrichment' doctrine applicable to duty refund on capital goods consumed captively 

SC rules in favour of Revenue, 'doctrine of unjust enrichment' applicable to refund of duty paid on ‘capital goods’ used captively, relies on apex court ratio in Solar Pesticides; CESTAT w...View More