Supreme Court Rulings


Job-worked medicaments non-dutiable at manufacturer's end; Drugs Act "manufacture" distinct from Excise 

SC dismisses Revenue appeal, upholds CESTAT order quashing excise duty demand on manufacture of medicaments on job-work / loan licensee basis, in terms of Drugs and Cosmetics Act; Term ‘manufact...View More

"Fabrication" not synonymous to "installation", 'chilling water plant' non-taxable as "air conditioners" 

SC reverses HC findings, 'fabrication' not synonymous to 'installation', water chilling plant fabricated as per customers works orders taxable at composition rate of 5%, as applicable to “fabric...View More

Where option to pay 'fine in lieu of confiscation' not exercised, duty unsustainable 

SC reverses Bombay HC order, sets aside duty demand u/s 125(2) of Customs Act as show cause notice u/s 124 limited to confiscation of goods and imposition of penalty for breach of Notification No. 64/...View More

Affirms purchaser's "locus standi" to refund; However, application hit by limitation despite protest 

SC denies excise duty refund to purchaser of ‘naphtha’ since application filed beyond 6 months’ limitation prescribed u/s 11B of Central Excise Act, despite agreeing that duty was pa...View More

Related party sales at ALP out of Sec. 4(1)(a) proviso ambit; Holding-subsidiary cos 'related' 

SC dismisses Revenue appeals as devoid of merit, sale of 10% of manufacturing capacity by assessee to its Holding Company does not attract proviso (iii) to Sec 4(1)(a) of Central Excise Act, as it sto...View More

Denies SSI exemption; Reiterates brand name 'affixation' immaterial; Applies Australian Foods' ratio 

SC sets aside CEGAT order partly, denies SSI exemption under Notification No. 1/93-CE on manufacture of goods with brand name of TISCO Ltd; Rejects assessee’s contention that absent affixation o...View More

Cost incurred towards open market sale not includible in 'captive consumption' valuation 

SC upholds valuation of captively consumed yarn basis value of comparable goods sold in market, but allows adjustment of costs incurred towards such sale, in terms of Rule 6(b) of Central Excise (Valu...View More

Absent sale at 'factory gate', packaging costs not includible in final product value 

SC dismisses Revenue appeals, cost of packing cartons used for transportation not includible in assessable value of final products; Evaluates test laid down in Hindustan Safety Glass Works Ltd, viz. w...View More

Quashes differential duty demand; Anti-rust coating of car bumpers, grills not "manufacture" 

SC grants respite to car manufacturer, quashes differential duty demand on bumpers, grills and other spares cleared from factory after subjecting them to a process of anti-rust coating; Rejects Revenu...View More

Rejects commercial parlance test; Upholds classification of fabric whitener / stiffener basis HSN

SC upholds classification of “Ujala Supreme” (fabric whitener) and “Ujala Stiff and Shine” (liquid fabric stiffener) as ‘Acid Violet Paste’ (AVP) and ‘Poly Vi...View More