2004 (10) TMI 322 - SC - VAT and Sales Tax

Levy of octroi by respondent No. 1 Talegaon Dabhade Municipal Council which was established under the Maharashtra Municipal Council Nagar Panchayat and Industrial Township Act 1965 Held that - Substance in the plea of learned counsel for respondent No. 1 Municipal Council that the goods are clearly covered under entry 56. Unfortunately it appears that reference was not made to entry 56 before the High Court. We confirm the High Court s view though on a different basis i.e. with reference to entry 56. The question of recovery would arise only when there is a quantified demand on assessment. Admittedly that stage has not reached. Therefore it is open to the Municipal Council to make an assessment and quantification of the octroi duty payable if not already done. Only after the quantification is done and assessment made as provided in law the question of recovery would arise. So far as the question of interest is concerned it is open to the appellant to move the Municipal Council for waiver/remission of octroi duty in terms of section 166 of the Act.

Summary

Issues:
Levy of octroi by Municipal Council under Maharashtra Municipal Council Nagar Panchayat and Industrial Township Act, 1965; Interpretation of octroi rules for plastic goods, glass articles, and components; Applicability of entry 49 and entry 56 in octroi rules; Recovery of octroi duty under SICA; Consideration of interest payment under section 166 of the Act.

Levy of Octroi:
The appeal challenged the levy of octroi by the Municipal Council under the Maharashtra Municipal Council Nagar Panchayat and Industrial Township Act, 1965. The appellant imported raw material and components within the octroi limits, claiming that plastic powder, plastic components, and glass refills fell under the residuary entry 86 of the octroi rules. The appellant paid octroi under protest and sought a refund. The High Court dismissed the writ petition based on a previous decision regarding the classification of goods under octroi rules.

Interpretation of Octroi Rules:
The High Court held that plastic goods and powder were covered under entry 53(c) while glass refills were under entry 49 of the octroi rules. The appellant argued that the High Court's decision was flawed, emphasizing the importance of headings in entries and the applicability of the unamended residual entry. The Court considered the relevance of entry 56 for glass articles and upheld the High Court's decision based on this entry.

Recovery under SICA:
The appellant contended that the proceedings were pending before the Board for Industrial and Financial Reconstruction (BIFR) and recovery of the octroi amount should not be directed. The Court clarified that recovery could only be pursued after quantification and assessment of the octroi duty, as per the Sick Industrial Companies (Special Provisions) Act, 1985.

Interest Payment under Section 166:
Regarding interest payment, the Court stated that the appellant could request waiver or remission of octroi duty under section 166 of the Act. The direction by the High Court to pay interest was not conclusive, and the appellant's entitlement to waiver or remission was left open for consideration by the Municipal Council.

In conclusion, the Supreme Court upheld the decision based on entry 56 for glass articles, even though the High Court's reasoning was not entirely accurate. The Court emphasized the need for quantification before recovery under SICA, and the appellant's option to seek waiver of interest payment under section 166. The appeal was disposed of accordingly, with no costs imposed.