Supreme Court Rulings


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

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