VidhiSangh

Supreme Court of India · 30/07/2018

COMMISSIONER OF CUSTOMS (IMPORT), MUMBAI versus M/S. DILIP KUMAR AND COMPANY & ORS.

[2018] 7 S.C.R. 1191 · 2018 INSC 646

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

Summary

Answering a reference, a five-Judge Constitution Bench held that tax-exemption notifications must be construed strictly and that the assessee bears the burden of establishing coverage. Ambiguity at the stage of entitlement benefits the Revenue, unlike ambiguity in a charging provision. Sun Export and decisions adopting its contrary approach were overruled. The underlying customs appeal was left for an appropriate Bench to decide on its merits.

Issues

  1. Who receives the benefit of ambiguity concerning entitlement under a tax-exemption notification.

Provisions considered

Held

Result

Reference answered. Civil appeal directed to be placed before an appropriate Bench for determination on merits after orders of the Chief Justice of India.

Judgment PDF: Supreme Court of India, [2018] 7 S.C.R. 1191.