VidhiSangh

Supreme Court of India · 08/05/2019

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

[2019] 7 S.C.R. 400 · 2015 INSC 891

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Interest was payable on differential excise duty arising from retrospective price escalation where prices were provisional at removal and liability for the differential duty was admitted. The revised value related back to removal, and interest followed the statutory payment timetable rather than the later agreement on escalation. The Court approved SKF India and International Auto, distinguishing fixed-price transactions and decisions under different tax schemes. Voluntary payment did not require a prior duty determination to attract interest.

Issues

  1. Whether retrospective escalation of a provisional price attracted interest on admitted differential excise duty.
  2. Whether interest began only when the higher price was agreed or required a prior determination of duty.
  3. Whether the fixed-price and other tax precedents displaced the excise statutory scheme.

Provisions considered

Held

Result

Appeals dismissed. Demand for interest on the admitted differential excise duty sustained under the applicable statutory scheme; SKF India and International Auto approved. Fixed-price transactions outside the admitted category were not decided.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 400.