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16 judgments · newest first · showing 1–16
The Supreme Court answered three questions referred by a larger bench concerning the relationship between Sections 3 and 4 of the Central Excise Act, 1944 and the definition of "transaction value". It held that Section 4’s levy measure, including the statutorily defined transaction value, is not …
The respondent, Bharat V. Patel, Chairman and MD of Procter & Gamble India, received Rs 6,80,40,724 on redemption of Stock Appreciation Rights (SARs) issued by P&G USA in 1997, before the Finance Act, 1999 amendment to Section 17(2) became effective on 1 April 2000. The Revenue argued that the …
The Supreme Court examined the true nature of Section 1OA of the Income‑Tax Act, 1961, as amended by the Finance Acts of 2000 and 2003, to determine whether it confers an exemption or a deduction and at what stage the benefit should be applied. The Court considered whether the provision falls within …
The assessee, M/s EMCO Ltd., manufactures transformers and pays central excise duty on the price at which it sells them to State Electricity Boards. The Revenue argued that the transaction value for duty purposes must include freight and transit‑insurance costs, contending that the place of removal …
The appellant Union of India sought recovery of MODVAT credit wrongfully claimed by Maharaja Shree Umaid Mills on high‑speed diesel (HSD) oil used as an input for electricity generation. The Central Government had withdrawn such credit by a 1995 notification and a 1997 trade notice, but the assessee …
The appellant, a public sector steel manufacturer, appointed the respondent as a handling contractor under a 1998 contract that contained clause 9.3 requiring the contractor to bear all taxes arising from the performance of his obligations. After the Finance Act, 1997 extended service tax to …
Sangam Spinners Ltd. and other manufacturers used high‑speed diesel (HSD) oil in captive power plants to generate electricity for their factories and claimed credit of duty (MODVAT) under the Central Excise Rules. The authorities denied the credit, citing Notifications dated 1‑Mar‑1994 and …
Malayala Manorama Co. Ltd. purchased printing ink for newspaper production in 2001‑02 and claimed a concessional 3% tax rate by filing Form 18 under Section 5(3) of the Kerala General Sales Tax Act, 1963. The Assistant Commissioner issued a penalty notice alleging that newspaper printing does not …
The Supreme Court examined a batch of appeals filed by the Central Excise Commissioner against several manufacturers of industrial gases who charged customers for containers such as cylinders, canisters and tanners. The issue was whether these ancillary charges should be included in the "transaction …
The respondents, Gujarat Carbon & Industries Ltd., had hired transport operators before 2003 and were served with a notice demanding service tax on the gross transport charges. The Commissioner of Central Excise relied on sections 70, 73, 76, 77 and 81 of the Finance Act, 1994 and on a retrospective …
The Kerala State Electricity Board (KSEB) entered into a contract with the foreign consultancy SNC Lavalin for engineering services, agreeing to pay the service tax on the foreign company's behalf. KSEB failed to make the payments and argued that, under the Finance Act, 1994, the tax liability …
Anand Nishikawa Co. Ltd., a manufacturer of rubber profiles, classified its products under sub‑heading 4008.29 of the Central Excise Tariff, attracting nil duty. The Revenue re‑classified them under sub‑heading 4016.19, alleging that the company had not disclosed post‑forming processes (notching, …
The petitioners, customers of goods‑transport operators and clearing‑and‑forwarding agents, challenged the constitutional validity of Sections 116 and 117 of the Finance Act 2000 and Section 158 of the Finance Act 2003 which retrospectively validated service‑tax levies that had been struck down in …
OK Play India Ltd., a manufacturer of plastic water tanks and toys, pulverised LDPE and HDPE granules into moulding powder. The Central Excise Department issued show‑cause notices demanding duty for two periods, alleging that the conversion was a "manufacture" and that the powder was an excisable …
ITW Signode India Ltd., a manufacturer of box‑strappings from duty‑paid cold‑rolled steel strips, claimed that the product fell under tariff item 26AA(iii) and no further excise duty was payable. The Revenue argued that the product should be re‑classified under tariff item 68/7308.90 and that a …
Easland Combines, a small‑scale manufacturer, had its classification list approved and claimed exemption under a notification. The Central Excise authorities later issued a show‑cause notice demanding differential duty, alleging a willful misstatement regarding its SSI registration. The Tribunal …
