2008 (8) TMI 3 - SC - Central Excise

Appellant claim that he is liable to pay only 50% of custom duty on goods cleared to DTA whether CBEC Circular 42/97 is in conflict with Not. No. 2/95 revenue contention that Notification shall have overriding effect over the Circular as notification has been issued in exercise of powers conferred by Sec. 5A(1), is acceptable - Circular cannot take away the effect of Notifications statutorily issued- by issuing a circular a new condition restricting the scope of exemption cannot be imposed

Summary

Issues:
Effect of circular issued by Central Board of Excise and Custom (Board) vs. Notification No. 2/95-CE dated 4.1.1995 as amended by other notifications.

Analysis:

The Supreme Court granted leave in Special Leave Petitions (SLP) 16719 of 2006 and 16947 of 2006, involving common questions directed against the judgment of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT). The key issue revolved around the impact of Circular No. 42 of 1997 dated 19.9.1997 issued by the Central Board of Excise and Custom (Board) in relation to Notification No. 2/95-CE and its amendments. The CESTAT had ruled that the notifications would override the circular, specifically addressing the liability to pay 50% of aggregated customs duty on goods cleared to the Domestic Tariff Area (DTA).

The appellants argued that the Circular was based on representations by various assessees and thus should prevail over the statutory Notification. Conversely, the respondents contended that the Notification, issued under the powers conferred by the Central Excises and Salt Act, 1944, held overriding effect. The Court delved into the issue of the effectiveness of a Circular vis-`a-vis a statutorily issued Notification, citing precedents where Circulars could not diminish the impact of Exemption Notifications or impose new conditions restricting exemptions.

The Court emphasized that Circulars could not undermine Notifications issued under statutory authority. It clarified that Circulars could not impose new conditions or restrict the scope of exemptions provided in Notifications. While acknowledging the specific nature of the controversy in this case, the Court held that the principle applied, concluding that the Circular in question could not override the statutory Notification. Consequently, the appeals were dismissed, affirming the primacy of Notifications over Circulars in matters of statutory interpretation and application.