VidhiSangh

Supreme Court of India · 21/01/2022

STATE OF GUJARAT versus ARCELOR MITTAL NIPPON STEEL INDIA LIMITED

[2022] 12 S.C.R. 720 · 2022 INSC 83

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Summary

The steel manufacturer bought fuel under a purchase-tax exemption but sold it to a separate, ineligible power producer, buying back the electricity generated. This breached the requirement that the eligible unit itself use the purchased goods and its Form 26 declaration. Later amendments did not remove an existing entitlement; the original conditions already excluded this arrangement. Earlier exemptions did not justify continuing an erroneous benefit. The Court restored the assessing officer’s purchase-tax demand and penalty.

Issues

  1. Whether selling exempted fuel to a separate power producer satisfied the eligible unit’s actual-use condition.
  2. Whether later notifications or promissory estoppel protected the claimed exemption.
  3. Whether the purchase-tax demand and penalty should be restored.

Provisions considered

Held

Result

State appeals allowed; assessing officer’s purchase-tax demand and penalty restored; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 12 S.C.R. 720.