Supreme Court Rulings


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

'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