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A K SIKRI

396 judgments · newest first · showing 201–396

SUDHA RENUKAIAH & ORS.versusSTATE OF A. P.

2017 INSC 347Dismissed

The case involved a violent incident in which two persons were killed and an injured witness (PW.5) was assaulted; the trial court acquitted 19 accused, finding inconsistencies in eyewitness testimony and doubting medical evidence. The State appealed, and the High Court convicted the surviving …

STATE OF HIMACHAL PRADESHversusNIRMALA DEVI

2017 INSC 325Appeal(s) allowed

The State of Himachal Pradesh appealed against the Himachal High Court’s order that replaced the trial court’s imprisonment sentences for Nirmala Devi with a fine of Rs.30,000. The trial court had convicted her under IPC sections 307 (attempt to murder), 328 (causing hurt by poison) and 392 …

SURAIN SINGHversusTHE STATE OF PUNJAB

2017 INSC 323Disposed off

Surain Singh was convicted of murder (Sec. 302 IPC) for killing two men during a violent clash between rival factions in a court of the Executive Magistrate. The clash erupted when Singh, objecting to the presence of a rival, drew his kirpan and struck several persons, resulting in two deaths. He …

VINEET KUMAR & ORS.versusSTATE OF U.P. & ANR.

2017 INSC 305Appeal(s) allowed

The appellants, Vineet Kumar and others, had loaned money to the complainant’s family and later filed complaints under Section 138 of the Negotiable Instruments Act for dishonoured cheques. The complainant subsequently alleged that the appellants had raped her and filed an application under Section …

UNION OF INDIA & ORS.versusRAKESH KUMAR & ORS.

2017 INSC 267Appeal(s) allowed

The case concerned railway casual labourers who, after years of service, were granted temporary status and later regularised. They claimed that the entire period of service after obtaining temporary status should count 100% for pensionary benefits, whereas the Union of India argued that only 50% of …

COMMISSIONER OF INCOME TAX-GUJARAT-IIversusKWALITY STEEL SUPPLIERS COMPLEX

2017 INSC 1273Dismissed

The partnership firm KwalitY Steel Suppliers Complex, consisting of a mother and son, was dissolved after the mother’s death, but the son continued the business. In its return, the firm valued closing stock at cost price, a method accepted by the Assessing Officer. The Commissioner of Income Tax, …

MANIK CHAND JAINversusMD. AHIYA

2017 INSC 1271Dismissed

The appellant, a tenant since 1965, entered into an agreement on 01‑08‑1988 to pay Rs 1,00,000 as advance for the construction of an RCC shop, with rent fixed at Rs 2,400 per month, of which 50% was to be adjusted against the advance and the remaining Rs 1,200 payable in cash. He took possession of …

JITENDER ARORA & ORS.versusSUKRITI ARORA & ORS.

2017 INSC 152Appeal(s) allowed

The Supreme Court considered a custody dispute between Jitender Arora (father) and Sukriti Arora (mother) over their 15‑year‑old daughter, Vaishali. Both parents had obtained ex‑parte divorce decrees in the UK and India, and the mother filed a habeas corpus petition seeking custody. The High Court …

M/S. VOESTALPINE SCHIENEN GMBHversusDELHI METRO RAIL CORPORATION LTD.

2017 INSC 1264Dismissed

M/s. Voestalpine Schienen GmbH (petitioner) entered into a contract with Delhi Metro Rail Corporation Ltd. (DMRC) for supplying rails. Disputes arose over payments and liquidated damages, and the parties invoked an arbitration clause that required DMRC to prepare a panel of serving or retired …

TARUN TYAGIversusCENTRAL BUREAU OF INVESTIGATION

2017 INSC 1261Appeal(s) allowed

Tarun Tyagi was charged with stealing the source code of the 'Quick Recovery' software and selling it through his own company. The CBI seized three hard disks (Q‑2, Q‑9, Q‑20) containing the alleged source code. Tyagi sought copies of these disks under Section 207 of the Code of Criminal Procedure …

IQBAL & ANR.versusSTATE OF U.P.

2017 INSC 115Dismissed

The case involved six accused, including Iqbal and Virendra, who entered the complainant's house armed with rifles and fired upon the family, resulting in the death of Bhoop Singh and injuries to others. All were convicted under IPC Sections 148, 149, 302 and 307 for forming an unlawful assembly …

BITHIKA MAZUMDAR AND ANR.versusSAGAR PAL AND ORS.

2017 INSC 95Disposed off

Gautam Mazumdar died in a road accident in 2007, and his widow and minor daughter filed a compensation claim before the Motor Accident Claims Tribunal (MACT). MACT dismissed the claim for lack of territorial jurisdiction and the review petition was also dismissed. The appellants then filed a …

NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITYversusHARKISHAN (DEAD) THROUGH LRS. & ORS.

2017 INSC 76Appeal(s) allowed

The New Okhla Industrial Development Authority acquired land of several owners in 1990‑1992 using the urgency provision of Section 17 of the Land Acquisition Act, 1894. The owners challenged the acquisition in the High Court, which dismissed their writ petitions, and the Supreme Court upheld the …

BALAKRISHNANversusUNION OF INDIA & ORS.

2017 INSC 1253Appeal(s) allowed

The appellant, a landlord, owned agricultural land that was acquired by the Kerala government under the Land Acquisition Act, 1894 for a techno‑park project. After the award fixed compensation, the appellant negotiated a higher amount with the acquiring authority and executed a sale deed, receiving …

DEBAPRIYA PALversusSTATE OF WEST BENGAL

2017 INSC 1252Appeal(s) allowed

The appellant, Debapriya Pal, was convicted along with his alleged accomplice A I for the double murder of Anusha Sarkar and her mother Maya Sarkar, based primarily on circumstantial evidence. The prosecution's case rested on the appellant's alleged friendship with A I, recovery of blood‑stained …

SALONI ARORAversusSTATE OF NCT OF DELHI

2017 INSC 43Appeal(s) allowed

The appellant was prosecuted under Section 182 of the Indian Penal Code for making a false complaint to a public servant. The prosecution failed to follow the mandatory procedure under Section 195 of the Code of Criminal Procedure, which requires a written complaint by the public servant before a …

GAUTAM JAINversusUNION OF INDIA & ANR.

2017 INSC 21Dismissed

The appellant, Gautam Jain, was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on grounds of alleged hawala transactions. He challenged the detention, arguing that the order was based on a single composite ground and …

GOPAL AND SONS (HUF)versusCIT KOLKATA-XI

2017 INSC 22Dismissed

The appellant, Gopal and Sons (a Hindu Undivided Family), had subscribed to shares of a fertilizer company, with the share certificates issued in the name of its Karta but the HUF shown as the beneficial and registered shareholder in the company's annual returns. The Assessing Officer added Rs. …

M/S. PATEL BROTHERSversusSTATE OF ASSAM AND ORS.

2017 INSC 24Dismissed

Patel Brothers, a registered dealer, faced reassessment orders after providing false exemption claims and subsequently filed revision petitions under Section 81 of the Assam Value Added Tax Act, 2003, more than 335 days after the prescribed 60‑day limit. The petitions sought condonation of delay …

RAM CHANDER & ORS.versusSTATE OF HARYANA

2017 INSC 5Dismissed

The appellants Ram Chander and others were convicted for the murder of a mother and her unmarried daughter after the prosecution presented the testimony of Guddi (PW‑9), a close relative and next‑door neighbour, who described the assault, killing with a gandasa, and subsequent burning of the bodies. …

RAM NARESH RAWATversusSRI ASHWINI RAY & ORS.

2016 INSC 1215Dismissed

The petitioners, originally engaged as daily‑wage workers in Madhya Pradesh, were classified as "permanent employees" under the Madhya Pradesh Industrial Employment (Standing Orders) Rules, 1963, and obtained court orders directing that their pay be fixed in the regular pay‑scale of the posts. The …

STATE OF HIMACHAL PRADESHversusSANJAY KUMAR @ SUNNY

2016 INSC 1149Appeal(s) allowed

The State of Himachal Pradesh appealed the acquittal of Sanjay Kumar, the paternal uncle of a nine‑year‑old girl, who was convicted by a trial court for raping the girl under IPC s.376(2)(j) and for criminal intimidation under s.506. The High Court set aside the conviction, relying on the three‑year …

SHAMAversusSTATE OF HARYANA

2016 INSC 1211Dismissed

The appellant Shama was convicted for murder under Sections 302 and 34 of the IPC, based primarily on the dying declaration of the deceased, Naurang, recorded by Police Inspector Mam Chand after a medical certification of fitness. The appellant challenged the conviction, arguing that the declaration …

VISHRAM @ PRASAD GOVEKAR & ORS.versusSUDESH GOVEKAR (D) BY LRS. & ORS.

2016 INSC 1213Dismissed

The dispute concerned the ownership of a house (Survey No. 251/2) in Anjuna, Goa, which the respondents claimed was a permanent grant to their father Vassudev Govekar. The appellants, relatives of the deceased owner, argued that the property actually belonged to their grandfather Jagannath Govekar …

ABHIJIT PAWARversusHEMANT MADHUKAR NIMBALKAR & ANR.

2016 INSC 1212Appeal(s) allowed

The Supreme Court examined whether a magistrate must conduct an enquiry or direct an investigation under Section 202 of the Code of Criminal Procedure before issuing summons to accused persons residing outside the magistrate's territorial jurisdiction. The case arose from a criminal defamation …

HARSH KUMAR SHARMA, IFSversusSTATE OF PUNJAB & ANR.

2016 INSC 1130Disposed off

Harsh Kumar Sharma, an IFS officer, faced criminal prosecution under the Prevention of Corruption Act for alleged irregularities in a golf‑course project in a forest area. While his promotion to Chief Conservator of Forests was considered by the Departmental Promotional Committee (DPC), the DPC kept …

M/S ALCON ELECTRONICS PVT. LTD.versusCELEM S.A. OF FOS 34320 ROUJAN, FRANCE & ANR.

2016 INSC 1120Dismissed

The appellant, Alcon Electronics, challenged the execution in India of an English Court order that dismissed its jurisdictional plea and ordered it to pay costs of £12,229.75. The central question was whether such an interlocutory order is a conclusive foreign judgment under Section 13 of the CPC …

KHOKAN GIRI @ MADHABversusSTATE OF WEST BENGAL

2016 INSC 1086Dismissed

The appellant, Khokan Giri, was convicted along with three others for the murder and robbery of an elderly couple in Kolkata, based largely on the confessional statement of an accomplice, Raju Rao, who became an approver. The appellant challenged the conviction, arguing that the High Court gave …

MUKARRAB ETC.versusSTATE OF U.P.

2016 INSC 1084Dismissed

Mukarrab and Arshad were convicted for murder and related offences committed in 1994 and sentenced to life imprisonment. They later claimed they were juveniles at the time of the offence, invoking Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, despite having raised …

BISMILLAH BE (DEAD) BY LRS.versusMAJEED SHAH

2016 INSC 1073Appeal(s) allowed

The appellant, a co‑owner of a house in Jabalpur, proved her title to the suit property through a series of registered sale and partition deeds and served a quit notice on the respondent, who had been a tenant of the original owner, Rai Bahadur Motiram Mathuradas. The respondent denied any …

ASOKE KUMAR CHAUDHURI AND OTHERSversusKUNAL SAHA AND ANOTHER

2016 INSC 1076Appeal(s) allowed

The complainant alleged that three doctors were negligent, leading to his wife's death, and that the Inquiry Committee of the West Bengal Medical Council deliberately ignored expert reports to shield the doctors. He filed a criminal complaint against the Committee members under IPC sections 201, …

STATE OF BIHARversusRAJBALLAV PRASAD@ RAJBALLAV PP. YADAV@ RAJBALLABH YADAV

2016 INSC 1061Appeal(s) allowed

The State of Bihar appealed against the High Court’s order granting bail to Rajballav Prasad, an under‑trial accused charged with multiple serious offences under the IPC, POCSO Act and Immoral Traffic Act. The accused had initially evaded arrest, later surrendered, and his bail application was …

STATE THROUGH LOKAYUKTA POLICE, RAICHURversusC. N. MANJUNATH

2016 INSC 1048Disposed off

The Supreme Court examined whether a licensed surveyor appointed under Section 18A of the Karnataka Land Revenue Act, 1964 qualifies as a "public servant" under Section 2(c) of the Prevention of Corruption Act, 1988. The respondent, C.N. Manjunath, performed statutory duties of preparing survey …

RAMESH AND OTHERSversusSTATE OF HARYANA

2016 INSC 1049Dismissed

The case involves the death of Roshni, who suffered 100% burns and gave a dying declaration to a Judicial Magistrate in hospital after a doctor certified her fitness to speak. The trial court acquitted the four accused, rejecting the dying declaration and relying on the victim's brother's testimony …

HARPAL SINGH @ CHHOTAversusSTATE OF PUNJAB

2016 INSC 1045Dismissed

The Supreme Court upheld the convictions of Harpal Singh @ Chhota and co‑accused for kidnapping, abduction for ransom and conspiracy under IPC §§ 364A, 395, 412, 471, 1208 and Arms Act § 25. The Court found the victim’s testimony – recorded under §§ 161 and 164 Cr.P.C. and reiterated at trial – to …

ARJUN GOPALAND ORSversusUNION OF INDIA & ORS.

2018 INSC 981Directions issued

The petitioners filed a writ petition under Article 32 seeking emergency relief from the severe air‑pollution in the National Capital Region caused by the widespread use of fireworks during Diwali and the marriage season. They alleged that the pollution breached fundamental rights, especially the …

DELHI SUBORDINATE SERVICES SELECTION BOARDversusPRAVEEN KUMAR

2016 INSC 1208Appeal(s) allowed

The Delhi Subordinate Services Selection Board (DSSSB) advertised a Teacher (Primary) post for Municipal Corporation of Delhi schools in 2009 with an age limit of 20-27 years. Praveen Kumar was declared ineligible as over‑age and challenged the decision, relying on a Delhi High Court judgment in …

MAHAVIR SINGHversusSTATE OF MADHYA PRADESH

2016 INSC 1014Appeal(s) allowed

The case concerned Mahavir Singh, who was convicted by the High Court of Madhya Pradesh for murder under Section 302 IPC, overturning an acquittal by the trial court. The prosecution's case relied on the statements of several eyewitnesses, the seizure of a gun and cartridges from the accused, and …

VATSALA SHENOYversusJOINT COMMISSIONER OF INCOME TAX

2016 INSC 969Case Partly allowed

The partners of the dissolved partnership firm Mis. Mangalore Ganesh Beedi Works sold the firm's assets as a going concern to an Association of Persons (AOP-3) after winding‑up proceedings. The Assessing Officer treated the partners' share of the sale proceeds as capital gains in their individual …

LANCO ANPARA POWER LIMITEDversusSTATE OF UTTAR PRADESH & ORS.

2016 INSC 973Dismissed

Lanco Anpara Power Ltd was constructing a thermal power plant and had obtained registration under the Factories Act. The State authorities issued show‑cause notices under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act) and the …

VIKAS SANKHALA & ORS. ETC.versusVIKAS KUMAR AGARWAL & ORS. ETC.

2016 INSC 970Disposed off

The case concerned the validity of a policy issued by the State of Rajasthan on 23 March 2011 that relaxed the minimum passing marks in the Teacher Eligibility Test (TET) for candidates belonging to reserved categories. General‑category candidates challenged the policy, arguing that the relaxation …

RAJENDER BANSAL & ORS.versusBHURU (D) THR. LRS. & ORS.

2016 INSC 972Appeal(s) allowed

The landlords filed a civil suit for eviction of tenants occupying a shop in a rural area of Haryana, which at the time of filing was not covered by the Haryana Urban (Control of Rent and Eviction) Act, 1973. While the suit was pending, a municipal notification brought the area within the urban …

A. AYYASAMYversusA. PARAMASIVAM & ORS.

2016 INSC 948Appeal(s) allowed

The appellant, a partner in a hotel partnership, filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 seeking to refer a civil suit filed by the other partners to arbitration. The respondents argued that serious allegations of fraud and mis‑appropriation of funds made …

M/S. SHASUN CHEMICALS AND DRUGS LTD.versusCOMMISSIONER OF INCOME TAX-II, CHENNAI

2016 INSC 879Appeal(s) allowed

M/s Shasun Chemicals and Drugs Ltd., a pharmaceutical manufacturer, raised funds through a public issue of shares to finance expansion and R&D. It claimed amortisation of the share‑issue expenses under Section 35D (formerly Section 350) of the Income Tax Act, 1961, for ten years at one‑tenth each, …

L. NARAYANA SWAMYversusSTATE OF KARNATAKA & ORS.

2016 INSC 856Dismissed

The petitioners alleged that certain public officials abused their positions to facilitate a land transaction and sought quashing of the criminal proceedings initiated under the Prevention of Corruption Act. The High Court had dismissed the petition, holding that the order directing investigation …

HINDUSTAN LEVER LTD.versusSTATE OF KARNATAKA

2016 INSC 846Dismissed

Hindustan Lever Ltd., a tea manufacturer, claimed exemption from entry tax on packing materials used for tea under a 1993 notification and a reduced rate under a 1998 notification. The issue was whether packing material could be classified as "raw materials, component parts or inputs" within Entry …

MADHYA PRADESH STATE ROAD TRANSPORT CORPORATIONversusMANOJ KUMAR & ANR.

2016 INSC 625Disposed off

The Madhya Pradesh State Road Transport Corporation (MPSRTC) introduced a Voluntary Retirement Scheme (VRS) on 1 July 2005, open for applications until 1 August 2005, with a clause stating that once an employee opted, the option could not be withdrawn. Several employees applied within the period but …

JAMSHED ANSARIversusHIGH COURT OF JUDICATURE AT ALLAHABAD AND ORS.

2016 INSC 618Dismissed

Jamshed Ansari challenged the constitutional validity of Rules 3 and 3A of the Allahabad High Court Rules, 1952, which require an advocate not on the High Court roll to file an appointment with a local advocate before appearing. He contended that the rules violated Article 19(1)(g) of the …

ANITA THAKUR & ORS.versusGOVT. OF J & K & ORS.

2016 INSC 597Disposed off

The petitioners, migrants from Jammu & Kashmir, organized a peaceful march to Delhi to press for relief measures, but were stopped near Katra where police used lathi charge and tear‑gas, beating the petitioners even after the crowd was dispersed. The petitioners claimed violations of Articles 14, …

SMT. B. NARASAMMAversusDEPUTY COMMISSIONER COMMERCIAL TAXES KARNATAKA & ANR.

2016 INSC 591Disposed off

The Supreme Court examined whether iron and steel reinforcement used in building works contracts retains its identity as "declared goods" under the Central Sales Tax Act, 1956, and consequently whether it is taxable at the restricted 4% rate prescribed in Section 15. The Court held that the 46th …

COMMISSIONER OF CENTRAL EXCISE, AHMEDABADversusM/S. GUJARAT AMBUJA EXPORTS LIMITED

2016 INSC 580Appeal(s) allowed

The Commissioner of Central Excise challenged Gujarat Ambuja Exports Ltd.'s claim of a concessional customs duty rate on imported crude palm oil under Notification No. 21/2002-Cus (as amended by Notification No. 66/2004). The importer used the crude oil mainly to produce refined edible oil (about …

JAYAM & CO.versusASSISTANT COMMISSIONER & ANR.

2016 INSC 1190Case Partly allowed

The case concerned dealers who claimed Input Tax Credit (ITC) under the Tamil Nadu Value Added Tax Act, 2006. The dispute arose when the State amended Section 19 by inserting sub‑section (20), which required reversal of ITC if goods were sold at a price lower than the purchase price shown in the tax …

STAR SPORTS INDIA PVT. LTD.versusPRASAR BHARTI & ORS.

2016 INSC 435Dismissed

Star Sports India Pvt. Ltd. (appellant) was required under the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007 to share live broadcast signals of sporting events with Prasar Bharati. The shared "world feed" contained sponsor logos (on‑screen credits) embedded by the …

STATE THROUGH CBI, CHENNAIversusV. ARUL KUMAR

2016 INSC 1185Appeal(s) allowed

The State, represented by the CBI, appealed against a High Court order that struck down a tender of pardon granted by a Metropolitan Magistrate to five approvers in a corruption case triable by a Special Judge. The prosecution had filed a charge‑sheet before the Magistrate and obtained a pardon …

DIRECTOR GENERAL OF INCOME TAX (ADMN.) & ANR.versusM/S. GTC INDUSTRIES LTD. & ANR.

2016 INSC 1183Disposed off

Mis GTC Industries Ltd., a sick company under the Sick Industrial Companies (Special Provisions) Act, 1985, was placed under a BIFR‑sanctioned rehabilitation scheme (SS‑02) that provided, among other reliefs, a provision to "consider" waiving interest and penalty. The scheme ran from 31 Mar 2003 to …

JEEJA GHOSH & ANR.versusUNION OF INDIA & ORS.

2016 INSC 412Case Allowed

Jeeja Ghosh, a person with cerebral palsy, was forcibly de‑boarded from a SpiceJet flight on 19 February 2012 despite having requested assistance only for her baggage. She alleged that the airline’s action violated the Persons with Disabilities Act, 1995, the Aircraft Rules, 1937, Civil Aviation …

M/S MANUELSONS HOTELS PRIVATE LIMITEDversusSTATE OF KERALA & OTHERS

2016 INSC 405Case Partly allowed

The State of Kerala issued a Government Order on 11 July 1986 promising exemption from building tax for hotels set up in the state, and subsequently amended the Kerala Buildings Tax Act, 1975 by inserting Section 3A on 6 November 1990 to give effect to that promise. M/s Manuelsons Hotels Private …

BALVEER SINGH & ANR.versusSTATE OF RAJASTHAN & ANR.

2016 INSC 401Dismissed

The appeal arose from a dowry‑death case where the police report did not name the parents of the deceased as accused. The complainant sought cognizance against them under Sections 304‑B and 498‑A IPC. The Judicial Magistrate of First Class rejected the application and committed the case to the …

VOHRA SADIKBHAI RAJAKBHAI & ORS.versusSTATE OF GUJARAT & ORS.

2016 INSC 398Appeal(s) allowed

The appellants, owners of agricultural land adjacent to the Mazum dam, claimed compensation for loss of fruit‑bearing trees after the State of Gujarat released 60,000 cusecs of water from the dam during heavy monsoon rains. The respondents argued that the release was necessitated by an act of God …

A. SLVAPRAKASHversusSTATE OF KERALA

2016 INSC 397Appeal(s) allowed

The appellant, an Assistant Engineer in the Public Works Department, issued a letter dated 9 June 1992 that the prosecution termed a "stage certificate" for a Jawahar Rozgar Yojana (JRY) construction project. Payments amounting to 50% of the contract value were subsequently released to the …

R. RACHAIAHversusHOME SECRETARY, BANGALORE

2016 INSC 1182Appeal(s) allowed

The appellants, including R. Rachaiah, were originally charged under Section 306 IPC for abetting suicide and later, at the close of trial, the prosecution sought and the trial court framed an alternative charge of murder under Section 302 IPC. The court failed to follow the mandatory procedures of …

STATE OF RAJASTHANversusMOHINUDDIN JAMAL ALVI & ANR.

2016 INSC 370Disposed off

Four persons were tried under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Explosive Substances Act, 1908. Two were acquitted and two were convicted; the State of Rajasthan appealed the acquittals while the convicted appealed their convictions. The central issue was …

VLS FINANCE LTD. & ANR.versusCOMMISSIONER OF INCOME TAX & ANR.

2016 INSC 351Dismissed

VLS Finance Ltd. and others challenged the Commissioner of Income Tax’s block assessment for the period up to 22 June 1998, arguing that the two‑year limitation under s.158BE(1) of the Income Tax Act had expired. The assessment was delayed because the assessing officer ordered a special audit under …

HARIJAN BHALA TEJAversusSTATE OF GUJARAT

2016 INSC 346Dismissed

Harijan Bhalateja, the husband of pregnant Jivibai, was accused of murdering her by strangulation on 20 February 1985 and then hastily burying the body without informing her relatives. The body was exhumed and a post‑mortem revealed a half‑round neck injury, fracture of the hyoid bone and a …

STATE THROUGH CBL/ACB, HYDERABAD A.P.versusDHARMANA PRASED RAO

2016 INSC 343Appeal(s) allowed

The State (CBI) filed a charge‑sheet against fourteen accused, including the respondent, under the Prevention of Corruption Act, 1988 and several provisions of the Indian Penal Code. The Special Court initially deferred taking cognizance of the respondent, directing the investigating officer to …

KUNAPAREDDY @ NOOKALA SHANKA BALAJIversusKUNAPAREDDY SWARNA KUMAR! & ANR.

2016 INSC 323Dismissed

The case concerned a petition filed by Kunapareddy @ Nookala Shanka Balaji (the wife) under the Domestic Violence Act, 2005 seeking protection, maintenance and other reliefs. After the petition was transferred to another magistrate, the wife sought to amend the prayer clause to increase maintenance, …

T. KOCHAversusSTATE OF KERALA & ORS.

2016 INSC 316Appeal(s) allowed

T. Kocha, claiming membership of the Thandan community (a Scheduled Caste in Kerala), was appointed as a High School Assistant on 3 February 1989 under the SC reservation. Later a vigilance inquiry concluded she belonged to the Ezhava/Thiyya community and therefore was not a Scheduled Caste, leading …

MEDICAL COUNCIL OF INDIAversusCHRISTIAN MEDICAL COLLEGE VELLORE & ORS.

2016 INSC 302Disposed off

The Supreme Court entertained review petitions filed against its own 18 July 2013 judgment in the Christian Medical College case. The petitioners argued that the earlier decision ignored binding precedents and was pronounced without intra‑bench discussion. The Court, invoking the principle from …

BANGALORE DEVELOPMENT AUTHORITYversusN. JAYAMMA

2016 INSC 256Appeal(s) allowed

The Bangalore Development Authority (BDA) acquired land under the Land Acquisition Act, 1894, but the original owner retained actual possession and later sold the parcel to N. Jayamma in 1994. Jayamma built a house and, after more than twelve years, sued for a declaration of title on the basis of …

M/S. SPORTS & LEISURE APPAREL LTD.versusCOMMISSIONER OF CENTRAL EXCISE, NOIDA

2016 INSC 244Disposed off

MIS Sports & Leisure Apparel Ltd, a manufacturer of knitted garments, purchased excise‑duty‑paid yarn but did not claim MODVAT credit and produced fabrics wholly consumed in garment production. Under the 2002 Union Budget, Notification Nos. 14/2002‑CE and 15/2002‑CE offered two schemes: a …

RICHA MISHRAversusSTATE OF CHHATTISGARH AND ORS.

2016 INSC 147Appeal(s) allowed

Richa Mishra, an Excise Sub‑Inspector, applied for the post of Deputy Superintendent of Police and cleared all stages of the competitive examination, but was omitted from the final list because she exceeded the upper age limit of 25 years prescribed in the Chhattisgarh Police Executive (Gazetted) …

M.C.MEHTAversusUNION OF INDIA & ORS.

2018 INSC 982Directions issued

The Supreme Court, hearing a series of petitions filed by environmental activist M.C. Mehta, examined the persistent high levels of air pollution in Delhi and the effectiveness of its earlier directions to divert non‑Delhi‑bound commercial traffic and levy an Environment Compensation Charge (ECC). …

COMMISSIONER OF CENTRAL EXCISE, MYSOREversusM/S. TVS MOTORS COMPANY LTD.

2015 INSC 921Disposed off

TVS Motors Ltd., a manufacturer of two‑wheeled vehicles, sold its cars to dealers who performed pre‑delivery inspection (PDI) and free after‑sales service (ASS) at their own cost. The Central Excise Department sought to include the costs of PDI and ASS in the assessable value under Section 4 of the …

SODEXO SVC INDIAPRIVATE LIMITEDversusSTATE OF MAHARASHTRA & ORS.

2015 INSC 908Appeal(s) allowed

Sodexo Service India Private Ltd issues paper‑based meal vouchers to corporate customers, who distribute them to their employees for redemption at affiliated restaurants. The vouchers are redeemed for food, with Sodexo receiving a service fee and reimbursing affiliates for the face value. The issue …

M/S. STEEL AUTHORITY OF INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE, RAIPUR

2015 INSC 891Matter referred to larger bench

The Steel Authority of India Ltd. (appellant) sold steel products to Indian Railways under a contract containing a price‑escalation clause. The goods were cleared and excise duty paid on the original price; later the price was revised upward and the appellant paid a differential duty of Rs.142.78 …

COMMISSIONER OF CENTRAL EXCISEversusM/S NESTLE INDIA LIMITED

2015 INSC 856Dismissed

Nestle India Ltd, a 100% export‑oriented undertaking (EOU), manufactured instant tea wholly from indigenous raw materials and cleared it to two sister units under Notification 8/97‑CE and Notification 23/2003‑CE. The Commissioner issued a show‑cause notice asserting that, because the tea was …

M/S. SHREE BHAGWATI STEEL ROLLING MILLSversusCOMMISSIONER OF CENTRAL EXCISE & ANR.

2015 INSC 855Disposed off

The Supreme Court examined a batch of appeals filed by M/s Shree Bhagwati Steel Rolling Mills and other assessees against the Commissioner of Central Excise. The core issues were whether Rules 96ZO, 96ZP and 96ZQ of the Central Excise Rules could levy interest and a mandatory penalty equal to the …

HERO CYCLES (P) LTD.versusCOMMISSIONER OF INCOME TAX (CENTRAL), LUDHIANA

2015 INSC 832Appeal(s) allowed

Hero Cycles Ltd. claimed a deduction under Section 36(1)(iii) of the Income Tax Act for interest paid on bank loans in AY 1988‑89. The Assessing Officer disallowed the claim, holding that the borrowed money was used to give an interest‑free advance to its subsidiary, Hero Fibres Ltd., and a …

M/S. GMRENERGY LTD.versusCOMMISSIONER OF CUSTOMS, BANGALORE

2015 INSC 802Disposed off

M/s GMR Energy Ltd. imported hot‑section turbine parts under a Long‑Term Assured Parts Supply Agreement (LTAPSA) with GE USA, re‑exporting the used parts and paying customs duty on the invoice value. The Customs Commissioner, relying on Rules 4 and 9 of the Customs Valuation Rules, added one‑third …

COMMISSIONER OF CENTRAL EXCISE, CHENNAIversusM/S. NEBULAE HEALTH CARE LTD.

2015 INSC 800Dismissed

The appellants, both small‑scale industrial units, manufactured their own branded medicines and also performed job‑work for third parties, producing goods bearing the third parties' brand names. While they paid excise duty on the third‑party branded goods, they also claimed MODVAT/CENVAT credit on …

M/S. MERIDIAN INDUSTRIES LTD.versusCOMMISSIONER OF CENTRAL EXCISE

2015 INSC 801Dismissed

M/s. Meridian Industries Ltd., a 100% Export Oriented Undertaking, manufactured cotton yarn using indigenous cotton and imported wax for coating. It claimed concessional excise duty under Notification No.8/97‑CE, which is available only to products made wholly from indigenous raw material. The …

DIRECTOR GENERAL OF FOREIGN TRADE AND ANR.versusM/S. KANAK EXPORTS AND ANR.

2015 INSC 799Disposed off

The case concerned the validity of several amendments to the Export-Import (EXIM) Policy 2002-2007 made by Notification No. 28 (Jan 28, 2004) and subsequent public notices and notifications (Jan 28 2004 Public Notice, Apr 21 & 23 2004 Notifications). Exporters alleged that these changes were …

SHAILESH DHAIRYAWANversusMOHAN BALKRISHNA LULLA

2015 INSC 796Dismissed

The appeal arose from a dispute where the parties, after settling most issues in a suit, referred two remaining differences to arbitration before a retired Supreme Court judge. The arbitrator resigned, and the respondent sought a substitute arbitrator. The High Court appointed a retired judge as a …

M/S. SPENTEX INDUSTRIES LTDversusCOMMISSIONER OF CENTRAL EXCISE & ORS.

2015 INSC 756Appeal(s) allowed

The appellant, Spentex Industries Ltd., manufactured polyester yarns, paid excise duty on both the raw materials and the finished products, and exported the goods. It claimed rebate of duty on both inputs and final goods under Rule 18 of the Central Excise Rules, 2002, filing 45 rebate applications. …

M/S. NRC LIMITEDversusUNION OF INDIA & ORS.

2015 INSC 1030Appeal(s) allowed

M/s NRC Limited imported caprolactam and was assessed additional customs duty on the CIF value as well as on basic, auxiliary duties and landing charges. While the dispute was pending, the Government introduced the Kar Vivad Samadhan Scheme (KVSS) under the Finance Act, 1998, allowing declarants to …

M/S. STAR INDUSTRIESversusCOMMISSIONER OF CUSTOMS (IMPORTS), RAIGAD

2015 INSC 748Dismissed

M/S. Star Industries imports roasted molybdenum ore concentrate for ferro‑alloy production and claims exemption from customs counter‑vailing duty under Notification No. 4/2006‑CE, which exempts "ores". The Customs Department contended that the imported material is a concentrate, not an ore, and …

COMMISSIONER OF CENTRAL EXCISE, MUMBAI-IVversusMIS. FITRITE PACKERS, MUMBAI

2015 INSC 741Appeal(s) allowed

Fitrite Packers purchased duty‑paid GI paper and printed logos and product names on it for customers such as Parle, delivering the printed paper in jumbo rolls. The Revenue argued that the printing process transformed the paper into a distinct commodity and therefore constituted manufacture under …

COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, NAGPURversusM/S. ISPAT INDUSTRIES LTD.

2015 INSC 742Dismissed

The Commissioner of Customs and Central Excise challenged M/s Ispat Industries for allegedly evading excise duty by treating the buyer's premises as the place of removal and including freight and transit‑insurance charges in the assessable value for the period 28‑09‑1996 to 31‑03‑2003. The Court …

COMMISSIONER OF CUSTOMS, BANGALOREversusM/S. G. M. EXPORTS & OTHERS

2015 INSC 693Disposed off

The Supreme Court examined whether a final anti‑dumping duty could be levied for the period between the expiry of a provisional duty and the issuance of a final duty notification. The Court held that Rule 20(2)(a) of the Anti‑Dumping Rules must be read in harmony with Rules 13 and 21 and with WTO …

UNION OF INDIAversusRELIANCE INDUSTRIES LIMITED & ORS.

2015 INSC 692Dismissed

The Union of India and Reliance Industries Ltd. entered into Production Sharing Contracts for the Tapti and Panna Mukta fields that contained an arbitration clause stipulating that disputes be resolved under UNCITRAL rules, with the seat in London and the arbitration agreement governed by English …

SRI S.N. WADIYAR (DEAD) THROUGH LRversusCOMMISSIONER OF WEALTH TAX, KARNATAKA

2015 INSC 682Appeal(s) allowed

The appellant, the legal representative of the late S.N. Wadiyar, challenged the valuation of vacant land appurtenant to Bangalore Palace for wealth tax purposes. The Wealth Tax Officer had valued the land at market rates, ignoring the restrictions imposed by the Urban Land (Ceiling and Regulation) …

TATA IRON & STEEL COMPANY LTD.versusDISTRICT TRANSPORT OFFICER & ORS.

2015 INSC 1015Appeal(s) allowed

Tata Iron & Steel Co. owned 57 vehicles used exclusively for its own business and employee welfare, such as tipper trucks for coal handling, explosive vans, water and diesel tankers, canteen vans and school buses. The District Transport Officer levied additional motor vehicle tax under s.6(1A) of …

PRABHAKARversusJOINT DIRECTOR, SERICULTURE DEPARTMENT &ANR.

2015 INSC 1014Dismissed

The petitioner, a former clerk of the Karnataka Sericulture Department, was terminated in 1985 but only raised an industrial dispute in 1999, fourteen years later, alleging illegal termination under the Industrial Disputes Act. The Labour Court awarded reinstatement without back wages, which the …

COMMISSIONER OF CUSTOMS, MUMBAI-IversusM/S SEIKO BRUSHWARE INDIA

2015 INSC 641Disposed off

The importer M/s Seiko Brushware India brought pig‑hair bristles into India and sold them in 1998‑2000. The Delhi Sales Tax Act, 1975, Section 7 lists pig‑hair bristles as tax‑free goods, meaning no sales tax is payable on their sale. The Commissioner of Customs denied the benefit of Exemption …

COMMISSIONER OF INCOME TAX-I, COIMBATOREversusMIS. G.R. GOVINDARAJULU & SONS

2015 INSC 1013Appeal(s) allowed

The respondent, a public charitable trust, filed its 1994-95 return showing a gross income of Rs 99,41,221 and claimed a nil taxable income by deducting the amount actually spent on its objects (Rs 47,27,533) and an additional sum of Rs 32 lakh that it set apart for future charitable purposes. The …

M/S. DR. REDDY'S LABORATORIESversusCOMMISSIONER OF CUSTOMS

2015 INSC 1012Disposed off

Dr. Reddy's Laboratories imported diagnostic equipment (BTS models) and classified them as "auto analysers" under the Customs Tariff. Customs seized the goods, alleging they were merely "photometers" and demanded duty, confiscation, and penalties under Sections 111(m), 112(a) and 114A of the Customs …

COMMISSIONER OF CENTRAL EXCISE, TIRUCHIRAPALLIversusM/S. DALMIA CEMENT(BHARAT) LTD.

2015 INSC 627Dismissed

The appellant, Commissioner of Central Excise, sought to enforce a refund order dated 06‑06‑1989 in favour of M/s Dalmiacement (Bharat) Ltd. The refund had not been paid, leading to contempt proceedings and a High Court order directing the Assistant Commissioner to examine the claim under the …

M/S. MANGALORE REF. & PETROCHEMICALS LTD .versusCOMMISSIONER OF CUSTOMS, MANGALORE

2015 INSC 626Disposed off

Mangalore Refineries & Petrochemicals Ltd imported crude oil in 144 voyages between 1996 and 1998. The Revenue, via a show‑cause notice, demanded customs duty on the basis of the quantity shown in the bills of lading, arguing that the duty was now ad valorem and therefore should be calculated on the …

BHADRESH BIPINBHAI SHETHversusSTATE OF GUJARAT &ANOTHER

2015 INSC 623Appeal(s) allowed

The appellant, Bhadresh Bipinbhai Sheth, was originally charged in 2001 under Section 506(2) IPC for harassment. After a nine‑year delay, the prosecutrix sought addition of a rape charge under Section 376 IPC, which was finally framed in 2014. The appellant obtained anticipatory bail from the …

L.C. HANUMANTHAPPA (SINCE DEAD) REPRESENTED BY HIS LRS.versusH. B. SHIVAKUMAR

2015 INSC 612Dismissed

L.C. Hanumanthappa filed a suit for permanent injunction against H.B. Shivakumar on 9 March 1990. The defendant’s written statement dated 16 May 1990 denied the plaintiff’s title to the suit property, thereby putting the plaintiff on notice that a right to sue for declaration of title had arisen. On …

COMMISSIONER OF CENTRAL EXCISE, NAGPUR-IversusM/S. INDORAMA SYNTHETICS (I) LTD.

2015 INSC 596Appeal(s) allowed

Indoramasynthetics (I) Ltd manufactured polyester fibre and sold it to two classes of domestic buyers: those holding advance licences (who surrendered them) and ordinary buyers. By surrendering their licences, the buyers enabled the assessee to obtain an advance licence for intermediate supply, …

M/S. PUROLATOR INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE DELHI-ILL

2015 INSC 604Disposed off

M/s Purolator India Ltd, a manufacturer of excisable filter elements, claimed deductions for cash discount, volume discount and sales tax while filing excise returns. The Commissioner of Central Excise rejected the cash‑discount deduction and affirmed duty on other items, leading to an appeal. The …

PARISONSAGROTECH (P) LTD. &ANR.versusUNION OF INDIA & ORS.

2015 INSC 597Dismissed

The appellants, manufacturers of edible oils, challenged two Central Government notifications that prohibited the import of crude palm oil through Kerala ports, arguing that the notifications were ultra vires the Foreign Trade (Development and Regulation) Act, 1992 and violated Article 14 by …

COMMISSIONER, CENTRAL EXCISE & CUSTOMS, KERALAversusM/S LARSEN & TOUBRO LTD.

2015 INSC 589Disposed off

The Supreme Court examined whether service tax could be levied on indivisible works contracts entered into after the Finance Act, 1994 but before the 2007 amendment that expressly made such contracts taxable. It held that the 1994 Act neither charged nor provided machinery to assess service tax on …

D.R. ENTERPRISES LTD.versusASSISTANT COLLECTOR OF CUSTOMS AND ORS.

2015 INSC 565Disposed off

D.R. Enterprises Ltd. imported a web printing machine in 1987 and claimed a concessional customs duty under the Open General Allowance (Notification No. 114/80-CUS). The Customs authorities disputed the claim, asserting that the machine's output capacity was only 25,000 copies per hour, below the …

M/S. FIBRE BOARDS (P) LTD. BANGALOREversusCOMMISSIONER OF INCOME TAX, BANGALORE

2015 INSC 561Appeal(s) allowed

M/s Fibre Boards (P) Ltd. sold its industrial undertaking in Thane (a notified urban area) and earned a capital gain of Rs 1,08,33,044. It paid advances of Rs 1,11,42,973 for purchase of land, plant, machinery and construction of a new factory in a non‑urban area and claimed exemption under s. 54G …

M.C.D. & ANR.versusM/S. MEHRASONS JEWELLERS (P) LTD.

2015 INSC 560Disposed off

The Supreme Court examined two sets of appeals filed by the Municipal Corporation of Delhi (MCD) against Mehrsons Jewellers concerning the determination of rateable value for property tax. The first issue was whether assessments made after the 1994 Delhi Municipal Corporation (Determination of …

M/S. JAYASWAL NECO LTD.versusCOMMISSIONER OF CENTRAL EXCISE, RAIPUR

2015 INSC 548Appeal(s) allowed

JayashwalNECO Ltd., a manufacturer of pig iron, defaulted on excise duty payments, leading the Revenue to withdraw its fortnightly instalment facility under Rule 173G(1)(e) for two months and require payment per consignment by debit to the account current. During this period the assessee used Cenvat …

M/S. SWASTIKA ENTERPRISES &ANR.versusCOMMISSIONER OF CUSTOMS & ORS.

2015 INSC 541Appeal(s) allowed

M/s. Swastika Enterprises imported an old vessel and, despite claiming exemption, was assessed additional customs duty of Rs. 1,52,20,000 through an endorsement on the Bill of Entry. The appellants challenged the demand by filing a writ petition, and while the Kar Vivad Samadhan Scheme was …

M/S. JAPAN AIRLINES CO. LTD.versusCOMMISSIONER OF INCOME TAX, NEW DELHI

2015 INSC 543Disposed off

Japan Airlines (JAL) paid landing and parking fees to the Airports Authority of India (AAI) and deducted tax at source (TDS) at 2% under Section 194-C of the Income Tax Act, 1961. The Income Tax Department argued that the fees were "rent" under Section 194-1 and should attract TDS at 20%. The …

M/S. JASWAL NECO LTD.versusCOMMISSIONER OF CUSTOMS, VISAKHAPATNAM

2015 INSC 542Appeal(s) allowed

M/s. Jaswal Neco Ltd., a pig‑iron manufacturer, imported low‑ash metallurgical coke between June and August 1998 under export‑obligation exemptions. It failed to fulfill the export condition and was assessed a demand of Rs 7.21 crore comprising basic customs duty, special customs duty, special …

COMMISSIONER OF CUSTOMS, HYDERABADversusM/S. PENNAR INDUSTRIES LTD. &ANR.

2015 INSC 1008Appeal(s) allowed

The assessees, Pennar Industries Ltd., imported hot‑rolled non‑alloy steel raw material duty‑free under Notification No. 30/1997 of the DEEC scheme, subject to an export obligation. They did not export the finished goods themselves but arranged third‑party exports after the DGFT amended the licence …

COMMISSIONER CENTRAL EXCISE, MUMBAI-ILLversusMIS. EMCO LTD.

2015 INSC 1007Appeal(s) allowed

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 …

SHABINAABRAHAM & ORS.versusCOLLECTOR OF CENTRAL EXCISE & CUSTOMS

2015 INSC 528Appeal(s) allowed

The case concerned a show‑cause notice issued under the Central Excises and Salt Act, 1944 for alleged short levy of excise duty by a sole proprietor who died in 1989. The legal heirs challenged the notice, arguing that the Act contains no provision to continue assessment against a dead person’s …

UNION OF INDIA & ORS.versusMIS. N.S. RATHNAM & SONS

2015 INSC 529Disposed off

The Union of India challenged the validity of Notification Nos.102/87‑CE and 103/87‑CE which granted exemption from excise duty on iron and steel scrap from ship‑breaking only to importers who had paid customs duty at Rs.1,400 per Light Displacement Tonnage (LDT). The respondent, N.S. Rathnam & …

GIRIDHAR G. YADALAMversusCOMMISSIONER OF WEALTH TAX &ANR.

2015 INSC 518Disposed off

The appellant, a Hindu Undivided Family co‑owner of a 30,663 sq. m. plot in Bangalore, entered into a development agreement for constructing residential flats and claimed that the land remained exempt from wealth tax while the building was under construction. The Revenue argued that under …

M/S. H.C.L. LIMITEDversusCOMMISSIONER OF CUSTOMS, NEW DELHI

2015 INSC 502Appeal(s) allowed

M/s H.C.L. Limited imported a Risograph machine and the Customs classified it under heading 84.72 (duplicating machines) attracting 65% duty. The importer contended that the machine is a printing device, specifically a screen‑printing machine, and should fall under heading 84.43, which attracts a …

M/S. COASTAL PAPER LTD.versusCOMMNR. OF CENTRAL EXCISE, VISAKHAPATNAM

2015 INSC 503Appeal(s) allowed

Coastal Paper Ltd., a paper manufacturer using waste gunny bags and jute waste, claimed a concessional excise duty rate under Notification No. 22/94‑CE, which excludes paper whose pulp contains bamboo, hard wood, soft wood, reeds or "rags". The Revenue argued that the waste bags constitute "rags" …

KAPOOR CHAND (DEAD)versusASSTT. COMMNR. OF INCOME TAX

2015 INSC 1002Appeal(s) allowed

The appellant, Kapoor Chand (deceased), had two trusts created for his minor children, Priti Life Trust and Anuj Family Trust. The trustees, who were also partners in a partnership firm, received the firm's profits, but the trust deeds stipulated that the income could not be distributed to the …

STATE OF J & KversusWASIMAHMED MALIK@ HAMID AND ANOTHER

2015 INSC 455Case Partly allowed

The State of Jammu & Kashmir appealed the acquittal of two accused in a bomb‑blast case that killed eight people and injured eighteen. The trial court had dismissed the confessional statement of Ghulam Nabi Guide because it was recorded in Hindi, not in the accused's native language, and …

INDRA DALALversusSTATE OF HARYANA

2015 INSC 436Appeal(s) allowed

The case involved the murder of Nand Karan, for which three appellants were convicted of conspiracy and murder based largely on confessional statements recorded while they were in police custody and the recovery of a scooter allegedly used in the crime. The appellants challenged the admissibility of …

SHABNAMversusUNION OF INDIA & ORS

2015 INSC 435Appeal(s) allowed

The petitioners Shabnam and Salim, convicted of multiple murders and sentenced to death, challenged the issuance of death warrants by the Sessions Judge merely six days after the Supreme Court dismissed their appeals. The Court held that the warrants were issued in haste without allowing the …

SESHASAYEE PAPER & BOARDS LIMITEDversusDEPUTY COMMISSIONER OF INCOME TAX

2015 INSC 423Dismissed

Seshasayee Paper & Boards Ltd. filed its 1991-92 return showing nil income, claiming set‑off of unabsorbed investment allowance but not of unabsorbed depreciation from earlier years. The assessing officer, relying on Section 32 of the Income Tax Act, allowed the unabsorbed depreciation first, …

COMMISSIONER OF INCOME TAX-19 MUMBAI.versusM/S. SARKAR BUILDERS

2015 INSC 427Dismissed

The Supreme Court considered whether the amendment inserting clause (d) into Section 80IB(10) of the Income Tax Act, effective from 1 April 2005, which limits the built‑up area of shops and commercial establishments in housing projects, applies to projects that were approved before 31 March 2005 but …

COMMISSIONER OF CENTRAL EXCISE, HYDERABADversusM/S. SARVOTHAM CARE LIMITED

2015 INSC 413Disposed off

The case concerned the classification of Ketoconazole (Nizral) Shampoo for central excise purposes. The assessee argued that the product, containing 2% ketoconazole and marketed for the treatment of dandruff, should be classified under CHS 3003.10 as a pharmaceutical product, attracting 16% duty, …

JOSHI TECHNOLOGIES INTERNATIONAL INC.versusUNION OF INDIA & ORS.

2015 INSC 416Dismissed

Joshi Technologies International Inc. entered into two Production Sharing Contracts (PSCs) with the Union of India in 1995 for oil fields, but the contracts omitted any clause providing for deductions under Section 42 of the Income Tax Act, 1961. The Income Tax Authorities initially allowed such …

M/S. TATA CHEMICALS LTD.versusCOMMISSIONER OF CUSTOMS (PREVENTIVE) JAM NAGAR

2015 INSC 411Appeal(s) allowed

Tata Chemicals Ltd. imported low‑ash metallurgical coal and claimed exemption from basic customs duty under Notification No.35/90, which exempts coking coal with ash content below 12%. The customs inspector, without the presence of a company representative and contrary to Indian Standard IS 436, …

KALI AERATED WATER WORKS, SALEMversusCOMMNR. OF CENTRAL EXCISE, MADURAI

2015 INSC 405Disposed off

Kali Aerated Water Works, a small‑scale unit manufacturing aerated water under the brand "Kalimark", applied for exemption from excise duty under Notification 1/93‑CE (as amended). The Central Excise Department denied the exemption, contending that the brand name belonged to a third party, K.P.R. …

M/S. MAAN ALUMINIUM LTD.versusCOMMISSIONER OF CENTRAL EXCISE, INDORE

2015 INSC 393Appeal(s) allowed

Maan Aluminium Ltd., a manufacturer of aluminium profiles, was raided by excise officials who found unaccounted finished goods and issued a show‑cause notice alleging clandestine removal of those goods, demanding differential excise duty of Rs 64,82,565. The company contested, explaining that the …

M/S. SERVO-MED INDUSTRIES PVT. LTD.versusCOMMISSIONER OF CENTRAL EXCISE, MUMBAI.

2015 INSC 391Appeal(s) allowed

Servo‑Med Industries bought bulk disposable syringes and needles, sterilised them, packed them in branded pouches and sold them. The Central Excise Department issued a show‑cause notice demanding additional excise duty, contending that sterilisation transformed the articles into a new commodity. The …

COMMISSIONER OF INCOME TAX, KERALAversusM/S. TRAVANCORE SUGAR AND CHEMICALS LTD.

2015 INSC 390Disposed off

The respondent, M/s Travancore Sugar & Chemicals Ltd., claimed a deduction for a vend fee of Rs 22,87,512 paid to the Kerala Government, which the assessing officer disallowed under Section 438 of the Income Tax Act because it was not paid before the expiry of the relevant previous year. The …

THE UNION OF INDIA & ORS.versusM/S.ASAHI INDIASAFETYGLASS LTD.

2015 INSC 995Dismissed

The respondent, M/s Asahi India Safety Glass Ltd., manufactures tempered and laminated safety glass for automobiles and claimed MODVAT credit on float glass raw material under Rule 57A of the Central Excise Rules, 1944. The Revenue Department issued show‑cause notices alleging that the credit was …

UNION OF INDIA & ORS.versusUTIAM STEEL LTD.

2015 INSC 993Appeal(s) allowed

Uttam Steel Ltd exported galvanized steel sheets in May‑June 1999 and was required to claim a rebate of excise duty under Section 118 (then Section 11B) of the Central Excise Act within six months of shipment. The company filed its rebate applications on 28 December 1999, beyond the six‑month limit …

M/S. COAL HANDLERS PVT. LTD.versusCOMMISSIONER OF CENTRAL EXCISE RANGE KOLKATA - 1

2015 INSC 379Disposed off

The appellants, M/s. Coal Handlers Pvt. Ltd., performed agency services for Ambuja cement companies, supervising coal loading and liaising with railways, but did not handle the clearing, warehousing, or forwarding of the coal. The Revenue claimed that these services fell within the definition of a …

M/S. SECURE METERS LTD.versusCOMMISSIONER OF CUSTOMS, NEW DELHI

2015 INSC 378Appeal(s) allowed

M/s Secure Meters Ltd., a manufacturer of electricity meters, imported liquid crystal display (LCD) modules from Hong Kong and sought customs clearance under Chapter Heading 9013.80, claiming nil basic duty. The Customs authorities classified the LCDs under Chapter Heading 9028.90 as parts of …

M/S. ESCORTS LTD.versusCOMMNR. OF CENTRAL EXCISE, FARIDABAD

2015 INSC 371Appeal(s) allowed

The Supreme Court examined whether the transmission assembly, an intermediate component produced during the manufacture of tractors by M/s. Escorts Ltd., attracted excise duty under the Central Excise and Salt Act. The Court held that transmission assemblies are distinct, commercially known products …

COMMNR. OF CUSTOMS, NEW DELHI-IVversusMIS.ARYAN ELECTRONICS

2015 INSC 991Disposed off

The Commissioner of Customs appealed against the CESTAT order that had allowed M/s Aryan Electronics to overturn the valuation of imported VCD lens parts. The importer had declared a transaction value of Rs.36 per piece, which the Commissioner rejected and, applying Rule 6 of the Customs Valuation …

M/S. K. R. C. D. (I) PVT. LTD.versusCOMMISSIONER OF CENTRAL EXCISE, MUMBAI

2015 INSC 348Appeal(s) allowed

M/S K.R.C.D. (I) Pvt. Ltd. manufactured duplicate CDs on a job‑work basis using master tapes supplied by a distributor who owned the copyright. The distributor paid a lump‑sum royalty to the music producer and then sold the duplicated CDs to the market. The Revenue argued that the royalty value …

NIRLON LTD.versusCOMMISSIONER OF CENTRAL EXCISE, MUMBAI

2015 INSC 349Case Partly allowed

Nirlon Ltd., a manufacturer of tyre cord yarn and fabric, filed price declarations under Section 4(2) of the Central Excise Act, 1944 using Rule 6(b)(i) of the Valuation Rules, treating goods removed for captive consumption the same as those sold at the factory gate. The Excise Commissioner, relying …

M.P. STEEL CORPORATIONversusCOMMISSIONER OF CENTRAL EXCISE

2015 INSC 346Appeal(s) allowed

M.P. Steel Corporation imported a vessel and disputed the customs duty assessed on its light displacement tonnage. After paying duty, the corporation appealed the Collector's order before the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT), which allowed the appeal, but the Supreme …

WIPRO LTD.versusASSISTANT COLLECTOR OF CUSTOMS & ORS.

2015 INSC 326Appeal(s) allowed

WIPRO Ltd., an importer of computer components, challenged the customs valuation rule that mandates adding 1% of the FOB value of goods as loading, unloading and handling charges even when the actual charges are known and ascertainable. The issue was whether the proviso (ii) to sub‑rule (2) of Rule …

M/S. IVRCL INFRASTRUCTURE & PROJECTS LTD.versusCOMMISSIONER OF CUSTOMS, CHENNAI

2015 INSC 324Dismissed

M/S IVRCL Infrastructure & Projects Ltd. entered into a joint venture to import a hot‑mix plant for road construction and claimed exemption from customs duty under Notification No. 217 dated 1‑3‑2001. The plant was split between a German supplier (critical items) and an Indian supplier (containers, …

COMMISSIONER OF CUSTOMS, AHMEDABADversusMIS. ESSAR STEEL LTD.

2015 INSC 318Dismissed

Essar Steel Ltd. entered into a technical services agreement with Met Chem Canada Inc. to obtain consultancy for setting up a steel plant in India, and subsequently placed a purchase order for the plant and machinery. The Customs authority added the fee for the technical services (DM 78.95 million) …

M/S. UTC FIRE AND SECURITY INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE, BELAPUR

2015 INSC 988Appeal(s) allowed

UTC Fire and Security India Ltd manufactures smoke detectors that are sold either in loose form or as part of turnkey fire‑fighting projects. The Central Excise authorities valued the detectors used captively in the turnkey contracts by applying Section 4(1)(a) of the Central Excise Act, 1944 and …

COMMISSIONER OF CENTRAL EXCISE, HYDERABADversusM/S. DETERGENTS INDIA LTD. & ANR.

2015 INSC 293Dismissed

The Supreme Court examined whether the holding company Shaw Wallace and its subsidiary Detergents India Ltd. were "related persons" under Section 4(4)(c) of the Central Excise and Salt Act, 1944 and whether proviso (iii) to Section 4(1)(a) applied to the valuation of excisable goods sold at a lower …

JEYAR CONSULTANT & INVESTMENT PVT. LTD.versusCOMMISSIONER OF INCOME TAX, MADRAS

2015 INSC 278Dismissed

JEYAR Consultant & Investment Pvt. Ltd., which exported marine products and also earned domestic income from dividends, interest, brokerage and share transactions, claimed a deduction under Section 80HHC of the Income Tax Act for profits from its export business. The Assessing Officer denied the …

M/S. HOLOSTICK INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE, NOIDA

2015 INSC 275Appeal(s) allowed

M/s. Holostick India Ltd. manufactures security holograms by embossing a flexible metallised plastic film, applying adhesive and release coatings, and cutting the product to size for use as security devices. The Commissioner of Central Excise classified the holograms under tariff entry 39.19 …

M/S. VIR RUBBER PRODUCTS P. LTD.versusCOMMISSIONER OF CENTRAL EXCISE, MUMBAI-ILL

2015 INSC 269Appeal(s) allowed

The appellant, a small‑scale rubber products manufacturer, produced goods under its own "VIR" brand and also manufactured parts for automobile companies, marking those parts with the buyers' brand identifiers (e.g., "HM", "PAL"). It claimed exemption from excise duty under Notification No. 1/93, …

REGIONAL DEPUTY DIRECTORversusZAVARAY S. POONAWALA & ORS.

2015 INSC 262Disposed off

The respondents sought to import a stuffed leopard trophy, a species listed in Appendix I of CITES and Schedule I of the Wildlife (Protection) Act, 1972. They obtained a conditional licence from the DGFT and clearance from the Chief Wildlife Warden, both of which were expressly subject to CITES …

AGRICULTURAL INCOME TAX OFFICER &ANR.versusGOODRICKE GROUP LTD. &ANR.

2015 INSC 258Disposed off

The Agricultural Income Tax Officer appealed against a Calcutta High Court order that granted a refund of rural employment cess and education cess paid by tea estate owners, together with 12% interest, for periods before the West Bengal Taxation Laws (Second Amendment) Act, 1989. The Supreme Court …

COMMISSIONER OF INCOME TAX, GAUHATI & ORS.versusM/S. SATI OIL UDYOG LTD. & ANR.

2015 INSC 265Appeal(s) allowed

The case concerned the constitutional validity of the retrospective amendment to Section 143(1A) of the Income Tax Act, 1961, which imposes a 20% additional tax when adjustments increase declared income or reduce loss. The appellant‑Commissioner had levied additional tax on M/s. Sati Oil Udyog Ltd. …

FORTIS HOSPITAL LTD.versusCOMMISSIONER OF CUSTOMS, IMPORT

2015 INSC 252Appeal(s) allowed

Fortis Hospital Ltd., the successor of Wockhardt Hospital & Heart Institute, imported medical equipment under a duty exemption notification but later breached the post‑import conditions. The Customs Department issued a show‑cause notice under Section 124 of the Customs Act, confiscated the equipment …

TAPARIA TOOLS LIMITEDversusJOINT COMMISSIONER OF INCOME TAX SPECIAL, RANGE -1, NASIK

2015 INSC 243Appeal(s) allowed

Taparia Tools Ltd issued non‑convertible debentures offering investors a choice of either periodic interest or a one‑time upfront interest of Rs.55 per debenture. The company paid the upfront interest in the years 1995‑96 and 1996‑97 and, following mercantile accounting, recorded it as deferred …

AIDEK TOURISM SERVICES PVT. LTD.versusCOMMISSIONER OF CUSTOMS, NEW DELHI

2015 INSC 237Disposed off

Aidek Tourism Services Pvt. Ltd., a tourism operator that runs taxis, imported Honda Accord saloon cars and claimed a 10% refund of Countervailing Duty (CVD) under Notification No. 64/93‑CE, which provides an additional exemption for saloon cars used solely as taxis. The Revenue argued that the …

COMMISSIONER OF CENTRAL EXCISE, HYDERABAD IVversusM/S. STANGEN IMMUNO DIAGNOSTICS

2015 INSC 975Appeal(s) allowed

M/s Stangen Immuno Diagnostics, a small‑scale industrial unit, used the brand name “Stangen” on its diagnostic products and claimed exemption under Notification No. 175/86‑CE of the Central Excise Act. The Excise Department issued a show‑cause notice alleging that the brand and logo belonged to Dr. …

M/S. SATNAM OVERSEAS LTD.versus. COMMNR. OF CENTRAL EXCISE, NEW DELHI.

2015 INSC 234Appeal(s) allowed

Mis. Satnam Overseas Ltd. packaged a mixture of raw rice, dehydrated vegetables and spices, calling it "Rice and Spice", and the Central Excise authorities classified it under heading 2108 of the Central Excise Tariff Act, 1985, levying excise duty. The company contended that the process of mixing, …

VIKRAM CEMENT & ANR.versusSTATE OF MADHYA PRADESH & ORS.

2015 INSC 225Appeal(s) allowed

Vikram Cement and two other units of Grasim Industries, which paid entry tax on coal, gypsum and bauxite under the Madhya Pradesh Entry Tax Act, 1976, challenged a State notification dated 4 May 1999 that reduced the tax rate to 1% for the period 1.5.1997‑30.9.1997 but attached an Explanation that …

M/S. JAYASWAL NECO LTD.versusCOMMNR. OF CENTRAL EXCISE, RAIPUR

2015 INSC 969Appeal(s) allowed

Jay​aswal NECO Ltd., a pig‑iron manufacturer, claimed MODVAT credit under Rule 57Q of the Central Excise Rules for railway‑track material installed inside its plant to transport hot metal and raw materials. The Commissioner rejected the claim, holding that the tracks were not "capital goods" within …

COMMNR. OF CENTRAL EXCISE, CHENNAL-111versusGRASIM INDUSTRIES

2015 INSC 213Appeal(s) allowed

Grasim Industries bought Electro‑Static Precipitators (ESPs) from BHEL for captive use in pollution control and paid the normal 15% excise duty instead of the concessional 5% rate. It claimed a refund of the excess duty (Rs 27,66,970) alleging that the duty was not passed on. The Revenue rejected …

MARUTI SUZUKI INDIA LTD.versusCOMMNR. OF CENTRAL EXCISE, NEW DELHI

2015 INSC 208Disposed off

Maruti Suzuki India Ltd purchased spare parts such as bumpers and grills, availed MODVAT credit, and subjected them to electro‑deposition (ED) coating before removing them from the factory for home consumption. The Central Excise Department issued a show‑cause notice alleging that the value addition …

BASAPPA S/O SANGANABASAPPA BAHVIKATTIversusT. RAMESH S/O TANGAVELU AND ANR.

2014 INSC 705Appeal(s) allowed

Basappa, a construction worker (Goundi), was seriously injured when a bus driven rashly collided with his motorcycle, resulting in a permanent disability of 58% to his whole body. He filed a claim under Section 166 of the Motor Vehicle Act, 1988, seeking Rs 15,00,000; the Motor Accident Claims …

VIJAY SHANKAR PANDEYversusUNION OF INDIA & ANR.

2014 INSC 663Order on PUD/Clerical error

In Civil Appeal No. 9043 of 2014, the Supreme Court was informed by senior counsel Pallav Shishodia that a factual mistake existed in paragraph 44 of its judgment dated 22 September 2014, where the name "Jasveer Singh" was incorrectly stated. The Court exercised its inherent power to correct such …

M/S. GIRA ENTERPRISES AND ANR.versusCOMMISSIONER OF CUSTOMS, AHMEDABAD

2014 INSC 556Appeal(s) allowed

M/s. Gira Enterprises imported cyanuric chloride from China, declaring a value of US$5,001 per metric ton. The Customs Commissioner, relying on a computer printout that allegedly showed other imports of the same chemical at US$1,950 per metric ton, reassessed the value to US$1,860 per metric ton …

KESHARBAI @ PUSHPABAI EKNATHRAO NALAWADEversusTARABAI PRABHAKARRAO NALAWADE & ORS.

2014 INSC 957Modified

In Civil Appeal No. 3867 of 2014, the Supreme Court observed that a clerical error had omitted the phrase confirming the trial court's findings on Issue III in paragraph 22 of its earlier judgment dated 14 March 2014. The Court directed that the omitted line be restored, thereby amending the …

STATE OF WEST BENGAL & ORS.versusSANKAR GHOSH

2013 INSC 792Appeal(s) allowed

Sankar Ghosh, a Sepoy of the Kolkata Armed Police, was arrested and charged under IPC sections 392, 395 and 412 and Arms Act sections 25 and 27 for alleged involvement in a dacoity. A departmental inquiry found him guilty and he was dismissed from service. The Sessions Court later acquitted him on …

BAD SHAHversusSOU.URMILA BADSHAH GOOSE & ANR

2013 INSC 703Dismissed

The petitioners, Urmila Badshah Goose and her daughter Shivanjali, filed an application under Section 125 of the CrPC seeking maintenance, claiming that Urmila was the wife of the petitioner Badshah and that Shivanjali was their illegitimate child. Badshah contended that he was already lawfully …

GOTHAMCHAND JAINversusARUMUGAM @ TAMILARASAN

2013 INSC 634Dismissed

Gothamchand Jain filed a suit for specific performance of a contract in Pondicherry in 1991. The trial court held that Article 2262 of the French Code Civil, which provides a thirty‑year limitation, applied and the suit was not time‑barred. The High Court reversed, finding that the Indian Limitation …

PUNJAB STATE POWER CORPORATION LTD. PATIALA & ORS.versusATMA SINGH GREWAL

2013 INSC 627Dismissed

The Punjab State Electricity Board (PSEB) appealed a High Court order that quashed a charge sheet served on a retired employee, Atma Singh Grewal, on the ground that the departmental proceeding was barred by the Punjab Civil Service Rules. The Division Bench of the High Court dismissed the appeal as …