1986 (7) TMI 93 - HC - Customs

High Density Polythelene Moulding Powder (HDPE) if exempt from payment of duty Countervailing duty not leviable

Summary

Issues:
- Interpretation of Exemption Notification dated December 4, 1979 for countervailing duty on imported goods.
- Compliance with conditions of Exemption Notification.
- Manufacturing source of HDPE and payment of excise duty.

Analysis:
The petitioners, a Partnership firm engaged in importing goods, including HDPE, claimed benefit under an Exemption Notification for countervailing duty. The Assistant Collector of Customs denied the benefit, leading to the petition under Article 226 of the Constitution of India. The petitioners relied on a Division Bench decision supporting their claim. The respondents argued that the Exemption Notification was conditional, and the petitioners had not complied with the conditions.

The Exemption Notification required the imported items to be manufactured from raw naphtha or related chemicals with paid excise duty. The respondents contended that there was no evidence that the HDPE imported was manufactured from raw naphtha. However, the petitioners stated that HDPE in India is solely manufactured by a specific company using excise duty paid raw naphtha. The respondents failed to refute this claim. The respondents also could not provide evidence that excise duty was not paid on the raw naphtha used for manufacturing HDPE. The Court found the respondents' arguments baseless and ruled in favor of the petitioners.

The Court held that the petitioners were entitled to the claimed reliefs. The petition succeeded, and the rule was made absolute with the discharge of the Bank guarantee. No costs were awarded in this case. The judgment highlighted the lack of evidence to support the denial of the benefit under the Exemption Notification and emphasized the petitioners' compliance with the conditions specified in the notification.