VidhiSangh

Supreme Court of India · 16/09/2022

M/S STEEL AUTHORITY OF INDIA LIMITED versus COMMISSIONER, CENTRAL EXCISE & CUSTOMS, BHUBANESWAR

[2022] 12 S.C.R. 50 · 2022 INSC 967

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

Summary

SAIL took Modvat credit on capital goods for a 'Guide Car' used to transport hot coke discharged from its coke oven battery. The Revenue held the Guide Car classifiable under sub-heading 8603.00, as finally classified at the supplier's end, and so outside the capital goods eligible under Rule 57Q of the Central Excise Rules, 1944. The Tribunal confirmed a demand of about Rs. 45.87 lakh and reduced the penalty to Rs. 1 lakh. The Supreme Court upheld the denial of credit. Classification at the consignor's end is final and cannot be questioned by the consignee. The Guide Car is not a 'component' of the coke oven battery, because the battery functions without it and it is separate equipment used afterwards. The classification related back to the date of supply, and Cotspun, on approved classification lists, did not apply. The penalty was set aside because SAIL had a bona fide belief.

Issues

  1. Whether a Guide Car classified under sub-heading 8603.00 at the supplier's end is eligible for capital goods credit under Rule 57Q as a 'component' of the coke oven battery
  2. Whether the classification under sub-heading 8603.00 could apply only prospectively to supplies made earlier
  3. Whether penalty was justified

Provisions considered

Held

Result

Appeal partly allowed. The denial of Modvat credit and the demand of about Rs. 45.87 lakh were upheld; the penalty of Rs. 1 lakh was set aside; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 12 S.C.R. 50.