1981 (9) TMI 291 - AT - Customs

Summary

Issues:
Jurisdiction of Central Government vs. Tribunal under Section 131B(2) of the Customs Act, 1962.

Analysis:
The judgment revolves around the interpretation of Section 131B(2) of the Customs Act, 1962, specifically focusing on the jurisdictional authority between the Central Government and the Tribunal. The case involved a revision application by the Central Government against an Order-in-Review passed by the Collector of Customs and Central Excise, Chandigarh. The issue arose as to whether the matter should have been transferred to the Tribunal under Section 131B(2) as the fine or penalty did not exceed Rs. 10,000.

The Tribunal analyzed the proviso to Section 131B(2) which states that proceedings exceeding Rs. 10,000 in terms of goods confiscated, duty involved, or penalty shall be transferred to the Tribunal. The use of the disjunctive "or" between the clauses (a), (b), and (c) of the proviso was deemed significant. It was clarified that satisfaction of any one of the conditions suffices to retain jurisdiction with the Central Government.

The appellant argued for a restrictive interpretation, suggesting that "or" should be read as "and" to confer jurisdiction on the Tribunal. However, the Tribunal held that the ordinary grammatical sense of the statute must prevail unless manifest absurdity arises. The Tribunal rejected the contention that reading "and" instead of "or" would lead to absurd results or frustrate the legislative intent.

Furthermore, the Tribunal emphasized that cumulatively fulfilling all conditions of (a), (b), and (c) before the Central Government can exercise jurisdiction would be impractical and against legislative intent. The contention to read "and/or" between "fine" and "penalty" was also dismissed, citing established legal principles.

Ultimately, the Tribunal concluded that the matter should be re-transferred to the Central Government for disposal as they lacked the jurisdiction to decide on the issue. The Tribunal emphasized that assuming jurisdiction where none exists would render any decision null and void, highlighting the importance of adhering to statutory provisions and legal boundaries.