VidhiSangh

Supreme Court of India · 05/12/2019

M/S BHUWALKA STEEL INDUSTRIES LTD. & ANR. versus UNION OF INDIA & ORS.

[2019] 15 S.C.R. 16 · 2017 INSC 265

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Summary

The Court returned a reference to a Division Bench because the referred question about compulsory duty payment under Rule 96-ZP(3) did not arise on the facts and was not disputed by the assessee. The actual challenge concerned Rule 5’s statutory and constitutional validity. Those questions, and other issues in tagged matters apart from the extraneous referred issue, remained for the Division Bench to decide.

Issues

  1. Whether the referred question concerning Rule 96-ZP(3) arose in the assessee’s challenge to Rule 5.

Held

Result

Reference answered by holding that the referred question did not arise. Appeals and tagged matters directed to be placed before a Division Bench for decision of the actual challenge and remaining issues; validity of Rule 5 not decided.

Judgment PDF: Supreme Court of India, [2019] 15 S.C.R. 16.