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Legal Case Shots

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Tax & Customs LawSupreme Court of India

Commissioner of Central Excise, Nagpur v. M/s Universal Ferro & Allied Chemicals Ltd. & Anr.

Civil Appeal · 2020 INSC 285Decided 6 Mar 2020
Civil Appeal Nos. 848-852 of 2009
Chief Justice S.A. Bobde · Justice B.R. Gavai · Justice Surya Kant

Background

Universal Ferro & Allied Chemicals Ltd. (UFAC), a 100% Export Oriented Unit, had an arrangement with Tata Iron & Steel Company (TISCO) to convert raw Manganese Ore supplied by TISCO into Silicon Manganese for a job-work fee, after which the finished goods were sold in the domestic market with the Central Government's permission and on payment of concessional excise duty. The tax authorities issued show-cause notices alleging this arrangement violated the EOU policy (since the goods were not exported) and demanded full duty as if the goods had been imported, along with penalties and threatened confiscation. The Customs, Excise and Service Tax Appellate Tribunal ruled in UFAC's favour, and the Revenue appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that the term "sale" under the Central Excise Act has a wider meaning than under the Sale of Goods Act, and the transfer of goods between UFAC and TISCO for consideration qualified as a sale for excise purposes. It further held that the tax authorities had overlooked a later government circular (dated 22.5.2000) that extended job-work permission to EOUs in all sectors, not just the originally listed ones, and that UFAC's arrangement had the Development Commissioner's express approval throughout. Since the goods were sold domestically in accordance with the applicable EXIM Policy provision and government circulars, the concessional duty exemption notification validly applied, and the Revenue's demand for full import-equivalent duty was unsustainable. The Revenue's appeal was accordingly dismissed.

Lesson Learnt

When a business has acted throughout with the express written clearance of the competent regulatory authority (here, the Development Commissioner), tax authorities cannot retroactively penalise that conduct by relying on an outdated or superseded circular while ignoring a later one that specifically permits the activity.

Commissioner of Central Excise, Nagpur v. M/s Universal Ferro & Allied Chemicals Ltd. & Anr. – Legal Case Shots | LegalAware