Supreme Court Rulings


Upholds HC-order on network/structured cabling products, patch cords/panels classification; Dismisses assessee’s appeals 

SC finds no reason to interfere with HC order which held that installation cables, outlet or connection modules, patch cords, patch panels, network cards, fibre optic cables etc. are not classifiable ...View More

Order on Harpic, Lizol classification applies only to KVAT, not other State enactments

SC in application seeking clarification on classifying Harpic and Lizol under Entry 44(5) of III Schedule of Kerala Value Added Tax Act, 2003 (KVAT) under HSN Code 3808 states that “Observa...View More

No bar in seeking statutory appeal restoration on failure to avail Amnesty Scheme benefit

SC rules that “there is no bar as such for seeking restoration of the appeal if the assessee is unsuccessful in availing the benefit under the Amnesty Scheme”; Sets-aside order of Single J...View More

Stresses on 'contextual interpretation' for reckoning limitation for “initiation" of re-assessment proceedings

SC affirms Kerala HC judgment on interpretation of provision for reckoning limitation period for reassessment, clarifies that intention of use of the expression “proceed...View More

Dismisses assessee’s appeal against HC-order classifying Boiled Supari as Areca-Nuts 

SC dismisses Assessee's SLP against Delhi HC's order holding that 'Boiled Supari packed in consumer and bulk packing’ is classifiable as Areca Nuts (under Heading 0802) and not betel nuts (known...View More

Upholds HC-order allowing entry-tax exemption as manufacturer on capital-goods installed at job-worker’s premise

SC dismisses Revenue’s appeal against Allahabad HC order allowing exemption as Manufacturer Dealer to assessee on capital goods brought from outside State and installed at th...View More

Upholds HC decision on non-imposition of interest, penalty on CVD, SAD, surcharges

Supreme Court upholds Bombay HC decision holding that interest and penalty cannot be imposed on delayed or short payment of Additional Customs Duty (CVD), Special Additional Customs Duty (SAD) or surc...View More

Remands matter to Tribunal for reconsideration of appeal, allowing assessee to ‘effectively contest’

SC allows assessee’s appeal, remands matter to the Tribunal for reconsideration of appeal filed by Customs “in accordance with law and after giving an opportunity to both sides f...View More

Rights of secured creditors remain unaffected by Customs dues 

SC allows appeal filed by Industrial Development Bank of India (IDBI/secured creditor), holding that though the Customs Act creates first charge on dues ‘payable’ but ensures rights of thi...View More

Duty Free Shops eligible for refund? Matter requires "substantial consideration"; Allows Revenue's review petition 

SC (3-Judge Bench) allows Revenue’s review petition against judgment passed in the case of Flemingo Travel Retail Ltd. [operating duty free shop (DFS) at Mumbai international airport] holding th...View More