VidhiSangh

Supreme Court of India · 10/11/2017

IA. K. SIKRI AND ASHOK BHUSHAN, JJ.] versus COMMISSIONER OF CENTRAL EXCISE GUWAHATI

[2017] 11 S.C.R. 43 · 2017 INSC 1092

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

Summary

Manufacturers benefiting from area-based excise exemption received refund of excise duty but not the education cesses paid with it. In this2017 judgment, the Court held that the cesses calculated on exempted excise duty were refundable as well, relying on the statutory surcharge structure and departmental circulars.

Issues

  1. Whether education cess and secondary and higher education cess paid with excise duty were refundable under the area-based exemption arrangement.
  2. Whether a coordinate Tribunal Bench could depart from earlier decisions without larger-Bench reference.

Provisions considered

Held

Result

Appeals allowed without costs; appellants held entitled to refund of education cess and higher education cess paid with excise duty once the excise duty itself was exempted.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 43.