In Brief
Arcelor Mittal Nippon Steel (formerly Essar Steel) claimed exemption from purchase tax on raw materials (natural gas and naphtha) under a 1992 industrial incentive scheme. Though it purchased these materials against proper declarations stating they would be used in its own manufacturing unit, it actually transferred them to an affiliated power company, which converted them into electricity that was then supplied back to the respondent for steel manufacturing. The Gujarat High Court upheld the exemption, relying on promissory estoppel. The Supreme Court reversed this decision, holding that exemption notifications must be strictly construed and the assessee must actually use the materials itself in its unit. Transferring exempted materials to another (non-eligible) entity breached the statutory conditions and the Form declaration. Promissory estoppel does not apply in taxation to override statutory eligibility requirements, especially when the beneficiary failed to meet core conditions or submitted false declarations. The demand for tax and penalty was restored.
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