VidhiSangh

Supreme Court of India · 22/05/2025

M/S SURAJ IMPEX (INDIA) PVT. LTD. versus UNION OF INDIA & ORS.

[2025] 5 S.C.R. 974 · 2025 INSC 755

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Summary

A merchant exporter of soyabean meal was denied the 1% All Industry Rate customs duty drawback for periods before 20.09.2010 on the footing that CBEC Circular No. 35/2010-Cus., which confirmed that the customs component of drawback is available even where central excise rebate under Rules 18 or 19(2) of the Central Excise Rules, 2002 has been taken, operated only prospectively. The Court held the Circular to be clarificatory and declaratory of the benefit already conferred by the drawback notifications since 2006, and therefore retrospective, and set aside the High Court's contrary judgment.

Issues

  1. Whether CBEC Circular No. 35/2010-Cus. dated 17.09.2010, concerning availability of the customs component of All Industry Rate duty drawback to exporters who had availed central excise rebate under Rule 18 or Rule 19(2) of the Central Excise Rules, 2002, is clarificatory and retrospective or confers a new benefit prospectively from 20.09.2010.
  2. Whether a beneficial clarificatory circular which imposes no new burden on the Department can be given retrospective effect notwithstanding a stated effective date.

Provisions considered

Held

Result

Appeals disposed of; the High Court's judgment dated 17.11.2014 in the writ petition and order dated 01.04.2016 in the review petition set aside; the appellant held entitled to 1% AIR customs duty drawback on its soyabean meal exports from 2008 as applicable, Circular No. 35/2010-Cus. being given retrospective operation; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 974.