VidhiSangh

Supreme Court of India · 21/03/2023

COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, KANPUR versus M/S. A. R. POLYMERS PVT. LTD. ETC.

[2023] 2 S.C.R. 1147 · 2023 INSC 268

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

Summary

A footwear manufacturer supplying shoes in bulk to defence and paramilitary forces under fixed-price contracts affixed maximum retail price stickers and claimed assessment under Section 4A of the Central Excise Act, 1944 with the concessional rates of a 2012 notification for retail footwear. The adjudicating authority denied the benefit but the Tribunal reversed, looking only at whether the goods were notified. The Supreme Court allowed the Revenue's appeals: under Jayanti Food Processing all five conditions must be met, including a legal requirement to declare the retail price; sales to institutional consumers are exempt from the Legal Metrology (Packaged Commodities) Rules, 2011, the forces were intermediaries and not consumers, so the sale was not retail and voluntary MRP affixation does not attract Section 4A.

Issues

  1. Whether footwear sold in bulk to military and paramilitary institutions under contract, bearing voluntarily affixed maximum retail price stickers, is assessable under Section 4A of the Central Excise Act, 1944 so as to attract the concessional rates for retail footwear.

Provisions considered

Held

Result

Appeals allowed; order of the Customs, Excise and Service Tax Appellate Tribunal, Allahabad dated 09.01.2019 set aside; respondent directed to pay the differential duty to the tax authority; no order as to costs.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 1147.