Supreme Court Rulings


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

Where option to pay 'fine in lieu of confiscation' not exercised, duty unsustainable 

SC reverses Bombay HC order, sets aside duty demand u/s 125(2) of Customs Act as show cause notice u/s 124 limited to confiscation of goods and imposition of penalty for breach of Notification No. 64/...View More

Affirms purchaser's "locus standi" to refund; However, application hit by limitation despite protest 

SC denies excise duty refund to purchaser of ‘naphtha’ since application filed beyond 6 months’ limitation prescribed u/s 11B of Central Excise Act, despite agreeing that duty was pa...View More