Supreme Court Rulings


Dismisses Revenue’s SLP against HC-order on classification of ‘Toffee’ & 'Candy' sold by ITC

SC dismisses Revenue’s SLP against HC order which upheld classification of ‘toffee’ and ‘candy’ manufactured by ITC Ltd. (Respondent-assessee) as ‘sweetmeat and sug...View More

No scope for ignoring 'first-sale' by sister concern, also holding ‘Nilkamal’ brand 

SC sets-aside order of Kerala HC which observed that both Kaveri Pet and Polyforms Pvt. Ltd.(Kaveri/sister concern) and assessee being holders of Nilkamal brand, sale by Kaveri to assessee did not con...View More

Upholds Tribunal's order confirming demand for misdeclaring 'Prime goods' as 'Rejects' to avail concession 

SC upholds CESTAT’s oder rejecting appeals of assessees (a 100% EOU) against whom duty demand alongwith penalties were raised for selling/clearing ‘Prime Quality Goods’ by misdeclari...View More

Addition/Blending of Multi-Functional Additives with Petrol/Diesel doesn’t result in new product emergence

SC holds that addition or blending of Multi-Functional Additives with Motor Spirit (MS) and duty paid High Speed Diesel (HSD) doesn’t result in transformation of those products into new products...View More

Mixing of paint with additive doesn’t result in new commercial product, hence the process is not ‘manufacture’

SC holds that mixing of base paint with additive doesn’t result in a new commercial product but paint itself, thus the process doesn’t amount to ‘manufacture’; Revenue contende...View More

State competent to levy tax on tobacco till 2001; Embarks on ‘inclusion’ effect 

SC while deciding a batch of appeals rules on the question of taxability of ‘Pan Masala’ or ‘Gutka/Gutkha’ by State enactments viz. the Delhi Sales Tax Act, the Uttar Pradesh T...View More

“Nycil Prickly Heat Powder” not 'medicine/drug' but 'cosmetic'; Accords ‘plain meaning’

SC rules that Medicated Talcum Powder (Nycil) sold by Heinz (assessee/ now taken over by Glaxo Smithkline Pharmaceuticals) to treat heat rashes is taxable as a cosmetic, ...View More

Split verdict on Smuggler's right to approach Settlement Commission; Matter placed before CJI 

SC delivers split verdict hearing an application of Writ Petitioner concerning the accused’s right to approach the Settlement Commission u/s 127B of Customs Act to settle the matter and gain imm...View More

Homeopathy ‘Hair Oil’ for therapeutic/ prophylactic use classifiable as 'medicament', not 'cosmetic’ 

SC dismisses Revenue's appeal against the order of CESTAT involving classification of ‘Aswini Homeo Arnica Hair Oil’ (AHAHO), rules that, AHAHO is a ‘medicament’ classifiable u...View More

Reverses CESTAT findings on Contract Value to be considered vis-a-vis works-contract service

SC sets-aside the order of CESTAT which held the assessee entitled to take the total contract value which includes both goods and services and remit service tax on the entire value as ‘works con...View More