1981 (4) TMI 263 - HC - Central Excise

Summary

Issues Involved:
1. Territorial Jurisdiction
2. Maintainability of the Suit under the Customs Act, 1962
3. Limitation Period
4. Commencement of Limitation Period

Detailed Analysis:

Issue 1: Territorial Jurisdiction
The court first addressed whether it had territorial jurisdiction to entertain the claim for refund of Customs and Countervailing Duty. The plaintiff argued that the mistake of law was discovered in New Delhi when the Supreme Court delivered its judgment on October 6, 1975, and thus, the cause of action arose in New Delhi. The court examined the precedent set in Union of India and others v. Shri Ladulal Jain, A.I.R. 1963 S.C. 1681, which dealt with the Union of India carrying on business. The court distinguished the present case, noting that the government was not acting as a business entity but rather in its sovereign capacity in collecting customs duty. However, the court concluded that since the plaintiff was a party to the Supreme Court judgment delivered in Delhi, the mistake became known to the plaintiff on that date, thereby conferring territorial jurisdiction to the Delhi High Court. Thus, Issue No. 1 was decided in favor of the plaintiff.

Issue 2: Maintainability of the Suit under the Customs Act, 1962
The court examined whether the suit was maintainable in light of the provisions of the Customs Act, 1962. Citing the Supreme Court's judgment in Union of India v. A.V. Narasimhalu, (1970) 2 S.C.R. 145, the court noted that the jurisdiction of the civil court is excluded when a statute provides a complete machinery for obtaining redress against erroneous exercise of authority. The court observed that the Customs Act provides a detailed mechanism for addressing grievances related to customs duties, including appeals to higher authorities. Therefore, the court concluded that the present suit was not maintainable as the plaintiff had not shown any breach of procedure prescribed by the Customs Act. Issue No. 2 was decided in favor of the defendants.

Issue 3: Limitation Period
The court then addressed whether the suit was barred by limitation. Referring to the Supreme Court's decision in M/s. D. Cawasji and Co. v. State of Mysore, A.I.R. 1975 S.C. 813, the court noted that under Section 17(1)(c) of the Limitation Act, 1963, the period of limitation for a suit based on mistake begins when the mistake is discovered. The court acknowledged that in cases of mistake of law, the mistake is generally discovered when a court declares the invalidity of the law. The court concluded that the mistake in the present case was discovered when the Supreme Court gave its decision on October 6, 1975, and thus, the suit was filed within the limitation period. Issue No. 3 was decided in favor of the plaintiff.

Issue 4: Commencement of Limitation Period
The court further clarified that the period of limitation commenced on October 6, 1975, the date when the Supreme Court pronounced its judgment. This reaffirmed the finding that the suit was within the limitation period. Issue No. 4 was decided in favor of the plaintiff.

Conclusion:
While the court found in favor of the plaintiff on issues of territorial jurisdiction and limitation, it ultimately held that the suit was not maintainable under the Customs Act, 1962. The court dismissed the suit with costs, concluding that the levy of customs duty had become final and could not be reviewed merely because it was contrary to a subsequent Supreme Court judgment.