1980 (8) TMI 87 - HC - Customs

Summary

Issues Involved:
1. Classification of fibre glass sleevings under the Customs Tariff.
2. Applicability of Section 27 of the Customs Act for refund claims.
3. Entitlement to refund of customs duty paid under a mistaken classification.
4. Passing on of excess customs duty to consumers and its impact on refund entitlement.

Issue-wise Detailed Analysis:

1. Classification of Fibre Glass Sleevings under the Customs Tariff:
The primary issue was whether fibre glass sleevings used in the manufacture of plastic glass tubes, which are used in miner cap lamp batteries, fall within Item 53 of the Customs Tariff, which pertains to "textile manufactures, not otherwise specified." The petitioner argued that fibre glass sleevings cannot be construed as 'textile' in any sense of the term, while the respondent contended that since the sleevings are knitted out of fibre glass yarn, they should be classified under Item 53. The court referred to a similar case, English Elec. Co. v. Govt. of India, where it was held that the term 'textile' should be interpreted in its ordinary sense, not its technical sense. The court concluded that fibre glass sleevings do not come within the ordinary meaning of 'textile' and thus do not fall under Item 53 of the Customs Tariff.

2. Applicability of Section 27 of the Customs Act for Refund Claims:
The court examined Section 27 of the Customs Act, which sets a limitation period for claiming refunds. For individual imports, the period is one year, and for other cases, it is six months from the date of payment of duty. The court found that in W.P. Nos. 3962 and 3963, the claims for refund were made within the stipulated time. However, in W.P. Nos. 3961, 3965, 3966, and 3968, no prior claim for refund was made, and there was no evidence that the duty was paid under protest. The court held that notwithstanding Section 27, the petitioner is entitled to a refund since the duty was paid under a mistaken classification.

3. Entitlement to Refund of Customs Duty Paid Under a Mistaken Classification:
The court referenced the Supreme Court's decision in State of M.P. v. Bhailal Bhai, which held that payment of tax declared invalid by a competent court is considered a payment made under a mistake of law, and thus, the government must repay it. The court also cited State of Kerala v. Aluminium Industries Ltd., which affirmed that money paid under a mistake of law is recoverable. The court concluded that the petitioner is entitled to a refund of customs duty paid under the mistaken belief that fibre glass sleevings fell under Item 53 of the Customs Tariff.

4. Passing on of Excess Customs Duty to Consumers and Its Impact on Refund Entitlement:
The court considered whether the excess customs duty was passed on to consumers. In W.P. Nos. 3962 and 3968, the petitioner provided affidavits stating that the increased duty was not passed on to consumers due to existing contracts. This was not contested by the respondent. In W.P. Nos. 3963, 3961, 3965, and 3966, the court found that the increased duty was likely passed on to consumers based on the revised price lists. Following the principle laid down in previous cases, the court held that the petitioner is entitled to a refund in W.P. Nos. 3962 and 3968 but not in W.P. Nos. 3963, 3961, 3965, and 3966, as refunding the petitioner would result in unjust enrichment.

Conclusion:
The court quashed the orders of the respondent in W.P. Nos. 3962, 3968, 3963, 3961, 3965, and 3966. It directed the respondents to refund the excess customs duty collected in W.P. Nos. 3962 and 3968. However, no refund was ordered in W.P. Nos. 3963, 3961, 3965, and 3966 since the excess duty was passed on to consumers. The writ petitions were ordered accordingly, with no order as to costs. The bank guarantee given by the petitioner was discharged.