Commissioner Of Central Excise, MEERUT-II vs L. H. SUGAR FACTORIES LTD.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2005 Supreme(SC) 948

SUPREME COURT OF INDIA
B.P. SINGH AND S.H. KAPADIA, JJ.
COMMISSIONER OF CENTRAL EXCISE, MEERUT-II APPELLANT
VERSUS
L.H. SUGAR FACTORIES LTD. AND OTHERSRESPONDENTS.
CIVIL APPEALS NOS. 4426-31 OF 2004 WITH NOS. 5221, 6183 OF 2004, 1467, 1463 AND 1745 OF 2005, DECIDED ON JULY 27, 2005

Headnote:
Finance Act, 1994, Sections 71-A and 73 - Show cause notice - Legality -The Tribunal rightly held that even the amended Section 73 takes in only the case of assessee who are liable to file return under Section 70- Admittedly, the liability to file return is cast on the appellants only under Section 71A- The class of persons who come under Section 71A is not brought under the net of Section 73-Therefore show cause notices issued to the appellants invoking section 73 are not maintainable. [Paras 2 and 3]

JUDGMENT

1. WE HAVE HEARD COUNSEL FOR THE PARTIES.

2. LEARNED COUNSEL FOR THE PARTIES HAVE DRAWN OUR NOTICE TO THE RELEVANT PROVISIONS OF THE FINANCE ACT AS IT STOOD IN THE YEAR 1994 AND THEREAFTER AS IT STOOD AFTER THE VARIOUS AMENDMENTS TO THE ACT IN SUBSEQUENT YEARS. HAVING CONSIDERED THE RELEVANT PROVISIONS OF THE ACT, THE TRIBUNAL HAS, INTER ALIA, RECORDED THE FOLLOWING CONCLUSION:

"THE ABOVE WOULD SHOW THAT EVEN THE AMENDED SECTION 73 TAKES IN ONLY THE CASE OF THE ASSESSEES WHO ARE LIABLE TO FILE RETURN UNDER SECTION 70. ADMITTEDLY, THE LIABILITY TO FILE RETURN IS CAST ON THE APPELLANTS ONLY UNDER SECTION 71-A. THE CLASS OF PERSONS WHO COME UNDER SECTION 71-A IS NOT BROUGHT UNDER THE NET OF SECTION 73. THE ABOVE BEING THE POSITION SHOW-CAUSE NOTICES ISSUED TO THE APPELLANTS INVOKING SECTION 73 ARE NOT MAINTAINABLE."

3. WE ENTIRELY AGREE WITH THE CONCLUSION ARRIVED AT BY THE TRIBUNAL. WE FIND NO MERIT IN THESE APPEALS AND THE SAME ARE ACCORDINGLY DISMISSED. NO ORDER AS TO COSTS.

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