VidhiSangh

Supreme Court of India · 14/11/2019

COMMISSIONER OF CENTRAL EXCISE, HALDIA versus M/S. KRISHNA WAX (P) LTD.

[2019] 14 S.C.R. 579 · 2019 INSC 1246

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Summary

An assessee appealed against an internal departmental opinion that preceded adjudication of an excise show-cause notice. The Supreme Court held the appeal premature. Communication of the opinion under a High Court direction did not turn it into an adjudication. The assessee could raise all objections, including absence of manufacture, in its response to the notice.

Issues

  1. Whether an internal preliminary opinion communicated under a judicial direction was independently appealable before excise adjudication.
  2. Whether the monetary-limit circular required withdrawal of this appeal.

Provisions considered

Held

Result

Revenue’s appeal allowed without costs. The Commissioner (Appeals) and Tribunal orders were set aside. Proceedings on the show-cause notice were to continue according to law; the assessee could submit its response and supporting material within three weeks. Whether its process amounted to manufacture and its eventual duty liability were not finally decided.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 579.