2025 (2) TMI 679 - SCH - Central Excise

Levy of Special Additional Excise Duty (SAED) and Additional Duty of Excise (AED) - goods cleared from the SEZ can be considered as goods manufactured within India for the purpose of tax and duties or not - HELD THAT - The Tribunal committed no error in holding that the charge under the Principal Act i.e. Section 3(1) of the Act 1944 does not extend to goods manufactured in SEZ consequently the Additional duties i.e. SAED (Surcharge) AED (Cess) also cannot extend to goods manufactured in SEZ. The appeal fails and is hereby dismissed.

Summary

The issues presented and considered in the Supreme Court judgment are as follows:1. Whether goods manufactured and exported from the Reliance Jamnagar Special Economic Zone (SEZ) between specific dates are subject to the levy of Special Additional Excise Duty (SAED) and Additional Duty of Excise (AED).2. Whether the goods cleared from the SEZ can be considered as goods manufactured within India for the purpose of tax and duties.The Court considered relevant legal precedents such as Ujagar Prints & Ors. v. UOI, Ashok Service Centre v. State of Orissa, and UOI v. Mohit Mineral Private Limited. The Court interpreted the issue based on the provisions of the Central Excise Act, 1944 and the Finance Acts of 2002 and 2018. The key evidence considered was the clearance of goods by the respondent assessee from the SEZ. The Court applied the law to the facts by analyzing the legal provisions and the notifications related to the levy of taxes on exports. Competing arguments were presented by the appellant Revenue and the respondent assessee.The significant holdings of the judgment include the following:1. The Commissioner (Appeals) held that the goods cleared by the respondent assessee qualified as exports under the SEZ law and the Central Excise Act, entitling the appellant to a refund of excess duties paid.2. The Tribunal affirmed the Commissioner's findings, stating that the respondent was not liable for the payment of SAED and AED as an SEZ unit, and therefore, the duties paid were refundable.3. The Tribunal concluded that the charge under the Central Excise Act does not extend to goods manufactured in SEZ, and consequently, SAED and AED cannot apply to goods manufactured in SEZ.In conclusion, the Court dismissed the appeal, affirming the decisions of the Commissioner (Appeals) and the Tribunal regarding the refund of excess duties paid by the respondent assessee for goods exported from the SEZ.