1983 (9) TMI 86 - HC - Customs

Summary

Issues:
Challenge to the legality of the order dated February 17, 1981 passed by the Assistant Collector of Customs regarding the entitlement of petitioners to exemption notification for waste paper import for paper-making.

Detailed Analysis:

Issue 1: Entitlement to Exemption Notification
The petitioners, a paper manufacturing company, imported waste paper for making pulp for paper-making. The Assistant Collector of Customs initially rejected the exemption claim, stating that the notification did not cover waste paper-boards. The petitioners argued that waste paper includes rejected paper or board for reuse in manufacturing, supported by I.S.I. Specifications. The court noted that the exemption notification did not explicitly mention waste paper-boards but held that the notification should cover both waste paper and waste paper-boards used for making pulp. The court rejected the Department's argument that the notification intended to exclude waste paper-boards, emphasizing that both materials serve the same purpose in paper-making, and the notification should not be narrowly interpreted.

Issue 2: Interpretation of Subsequent Notifications
The Department argued that subsequent notifications specifically exempting paper-boards indicated the exclusion of paper-boards in the initial notification. However, the court disagreed, stating that subsequent notifications might have clarified any confusion but did not reflect the original intent to exclude paper-boards. The court emphasized that both waste paper and waste paper-boards are used for making pulp for paper-making, and the petitioners should benefit from the exemption notification.

Issue 3: Demurrage Charges and Detention Certificate
The petitioners requested a detention certificate to avoid demurrage charges, but the court rejected the request. It noted that the petitioners delayed in clearing the goods and did not comply with Customs Act requirements. The court held that the Department was justified in not issuing the certificate due to the petitioners' inaction. Additionally, the court stated that the Port Trust could enforce the bank guarantee for demurrage charges and recover any outstanding amounts through appropriate legal proceedings.

Conclusion
The court set aside the Assistant Collector's order, declaring the petitioners entitled to the exemption for waste paper import. However, other reliefs sought by the petitioners were refused. The petitioners were directed to pay costs to specific respondents, and no costs were imposed on other respondents.