Supreme Court Rulings


Dismisses Revenue appeal; Affirms lumpsum trademarks royalty exclusion from related party imports 

SC dismisses Revenue appeal, affirms Mumbai CESTAT view that lumpsum royalty paid for “trademark usage” and “technical know-how” to related foreign entities not liable to custo...View More

Affirms CEGAT view; Revokes extended limitation as duty-free clearance disclosed in CT-3 Certificate 

SC finds no merit in Revenue appeal, upholds CEGAT’s view that extended period of limitation u/s 11A of Central Excise Act not invokable for recovering excise duty demand on clearance of manufac...View More

Interprets Delhi Sales Tax law; SAD exemption unavailable on imported "tax-free" goods

SC denies special additional duty (SAD) exemption under Notification No. 34/98-Cus. on import of pig hair bristles, since no sales tax chargeable on local sale of imported goods; Said Notification spe...View More

Grants respite to 'cooler' manufacturer on limitation, albeit acceding to case merits 

SC grants relief to assessee, revokes extended period of limitation under proviso to Sec. 11A of Central Excise Act for recovering excise duty on parts of ‘walk-in coolers’ manufactured du...View More

Affirms CESTAT order; Wall construction along river bed outside 'Site formation' purview 

SC upholds CESTAT findings, though diaphragm wall construction along Sabarmati river bed under agreement with River Development Corporation classifiable as 'Site Formation and Clearance, Excavation an...View More

Dismisses SLP; Transportation charges a 'pre-sale expenditure', includible in taxable turnover, VATable 

SC dismisses assessee’s SLP thereby affirming HC decision on includibility of transportation charges in total taxable turnover, liable to VAT under Karnataka VAT laws; HC had upheld Tribunal fin...View More

Printed metal advertisement poster, a product of printing industry, not 'sign plate' 

SC rejects Revenue appeal, printed metal backed advertisement material / posters, known as ‘Danglers’, placed at point of sale for customers information / advertisement, classifiable under...View More

Raps State Tax Dept for curtailing CST concession despite Cabinet Policy extension 

SC raps State Excise & Tax Dept. for restricting availability of 1% Central Sales Tax (CST) concession, despite State Cabinet decision to extend 2004 Industrial Policy to eligible units upto March...View More

Rejects declared "transaction value" where complete system imported in guise of 'components' 

SC allows Revenue’s appeal, rejects assessment of imported ‘parts/components’ under Rule 10A of Customs Valuation Rules, 1988, on ground of mis-declaration in Bills of Entry (BoE); C...View More

Condemns CEGAT for cryptic order without discussion on 'place of removal' determination 

SC condemns CEGAT's approach in concluding that 'place of removal' not customer's destination absent any detailed discussion in respect thereof, remands matter back for fresh consideration; Commission...View More