1983 (4) TMI 251 - HC - Customs

Summary

Issues Involved:
1. Exemption from customs duty under the 1960 and 1963 Notifications.
2. Timeliness of the refund claim.
3. General protest and specific protest requirements.
4. Interpretation and application of the 1963 Notification.

Detailed Analysis:

1. Exemption from Customs Duty under the 1960 and 1963 Notifications:
The primary issue revolves around whether hydraulic lifts and 3-point linkages imported by the Company qualify for customs duty exemption under the 1960 and 1963 Notifications. The 1960 Notification exempted component parts of machinery required for initial setup, while the 1963 Notification exempted parts of tractors imported solely for agricultural purposes, subject to bond execution. The Company argued that both hydraulic lifts and 3-point linkages are integral to agricultural tractors and should be exempt under these notifications.

The court noted that the 1963 Notification clearly exempted parts of tractors used solely for agricultural purposes. The affidavit-in-reply did not deny that these components were used exclusively in agricultural tractors. Additionally, a Public Notice issued by the Collector of Customs in 1968 confirmed that these components should be treated as parts of agricultural tractors, attracting exemption under the 1963 Notification. The court concluded that the duty recovered by the Department was without authority of law, as the components fell within the scope of the 1963 Notification.

2. Timeliness of the Refund Claim:
The Department contended that the Company's claim for exemption under the 1963 Notification was barred by limitation as it was raised for the first time in 1973. The court rejected this argument, stating that there is no limitation for raising a contention. The Company's alternative plea for exemption under the 1963 Notification was valid and timely.

3. General Protest and Specific Protest Requirements:
The Company argued that the undated note submitted to the Department should be considered a general protest for all consignments, thus negating the need for specific protests for each consignment. The court did not delve deeply into this argument, as the primary issue of exemption under the 1963 Notification resolved the matter.

4. Interpretation and Application of the 1963 Notification:
The Department argued that the 1963 Notification applied only to importers of tractors for agricultural use and not to manufacturers like the Company. The court found this interpretation flawed, noting that the Notification pertains to parts of tractors used solely for agricultural purposes, regardless of the importer's status as an agriculturist. The provision for executing a bond in the Notification did not preclude manufacturers from claiming the exemption. The court emphasized that the Notification must be read as it is, without adding conditions not stated therein.

The court also addressed the argument that the components had to be imported with the tractors to qualify for exemption. It clarified that the Public Notice issued by the Collector could not override the 1963 Notification, which did not stipulate such a condition. The court concluded that the Company's imports of hydraulic lifts and 3-point linkages were entitled to exemption under the 1963 Notification.

Conclusion:
The court set aside the impugned orders and directed the respondents to refund the amount of Rs. 12,17,537.17 within 12 weeks. The court did not award interest, deeming a simple refund sufficient to meet the ends of justice.