Supreme Court Rulings


Applies purposive interpretation to luxury tax; Clubs total plinth ownership in building 

SC rules on levy of luxury tax on residential apartments, states that a person being an owner of “plinth area” of more than 278.7 sq. mts. in one building, would be liable to tax u/s 5A of...View More

Affirms 2-Judge Bench ruling; 'Interpretation Rules' contextual; A/C kit & compressors separately classifiable 

SC Larger Bench affirms 2-Judge Bench ruling, ‘car air-conditioning kit’ falling under CETH 8415 minus ‘automotive gas compressor with or without magnetic clutch, covered under Sr. N...View More

Applies 'best judgment assessment' for captive goods valuation in turnkey projects 

SC applies ‘best judgment assessment’ under Rule 7 of Central Excise Valuation Rules 1975, for determining value of smoke detectors used captively in execution of turnkey projects i.e., wh...View More

Upholds second-hand machinery valuation basis depreciation on 'original', not 'chartered engineer' value 

SC dismisses U.P. State PSU’s appeal, upholds depreciation method adopted by Revenue in terms of CBEC Circular dated November 19, 1987 to ascertain value of machinery imported from Nepal after c...View More

Upholds CEGAT order; "Relevant facts" sine qua non for 'best judgment' anti-dumping duty assessment 

SC dismisses Revenue appeal absent merits, upholds CEGAT’s decision rejecting anti-dumping duty determined for ‘Aniline’ basis “best judgment assessment” by Designated Au...View More

Erection & Commissioning charges not exigible to duty; Applies Thermax ratio 

SC rules in favour of assessee, erection and commissioning charges and other ancillary works not includible in assessable value of final product; Issue squarely covered against Revenue vide apex court...View More

Absent "offer for sale" of Notification, increased tariff value inapplicable; Demand unsustainable

SC concurs with Karnataka HC, differential customs duty demand on import of RBD Palmolein consequent to increase in tariff value, unsustainable; According to HC, for bringing Notification into force a...View More

Malafide intent non-attributable where entire exercise 'revenue neutral'; Demand beyond limitation unsustainable

SC sets aside differential duty demand beyond limitation period w.r.t. goods removed for captive consumption to another factory of assessee, absent mala fide intention attributable thereto; Accepts as...View More

Quashes CESTAT ruling; Credit available on explosives used in mines; LB reigns 

SC allows assessee’s appeal, sets aside Delhi CESTAT decision which disallowed input credit on explosives used in limestone mines towards manufacture of cement for the period subsequent to April...View More

Preservation & tinning of fresh fruits, green vegetables neither 'manufacture' nor 'VATable' 

SC dismisses Revenue appeal as devoid of merit, upholds Allahabad HC order that preservation and tinning of fresh fruits & green vegetables not ‘manufacture’ and ‘sale’ the...View More