1987 (10) TMI 61 - HC - Customs

Summary

Issues Involved:

1. Determination of the taxable event for imported goods.
2. The applicability of Customs duty based on the date of import.
3. The definition and implications of "export" under the Customs Act.
4. The effect of a vessel leaving and re-entering Indian territorial waters on the import status of goods.

Issue-wise Detailed Analysis:

1. Determination of the taxable event for imported goods:

The Full Bench of the High Court examined when the event of importation occurs under the Customs Act, 1962. The Full Bench held that "the goods became imported goods as soon as they entered the territorial waters of India and the taxable event occurs under Section 12 of the Customs Act when the goods are brought into the territorial waters of India." This means that the goods acquire the characteristics of imported goods the moment they enter Indian territorial waters, and this event triggers the levy of Customs duty.

2. The applicability of Customs duty based on the date of import:

The petitioners argued that the goods entered Indian territorial waters on February 27, 1979, when they were exempted from Customs duty under Notification No. 126 dated July 1, 1977. The Customs authorities, however, insisted that the goods were liable for duty at 12.5% ad valorem because they were unloaded after the duty imposition on March 1, 1979. The court concluded that the taxable event occurred on February 27, 1979, and thus, the goods were not liable for Customs duty, as they were exempt on that date.

3. The definition and implications of "export" under the Customs Act:

The court analyzed whether the goods were exported when the vessel left for Karachi. The term "export" is defined in Section 2(18) as "taking out of India to a place outside India." The court emphasized that exportation involves following the prescribed procedures, including securing requisite permissions and paying duties. The mere physical removal of goods from Indian territorial waters without following these procedures does not constitute export. Therefore, the goods did not lose their imported status when the vessel temporarily left for Karachi due to port congestion.

4. The effect of a vessel leaving and re-entering Indian territorial waters on the import status of goods:

The court rejected the argument that the goods were re-imported on March 6, 1979, when the vessel returned from Karachi. The court held that "the characteristic acquired by the goods on crossing the territorial waters cannot be wiped out merely because the conveyance, on which the said goods were loaded, leaves Indian territorial waters in view of the difficulty in securing berthing accommodation." Thus, the goods retained their imported status from February 27, 1979, and were not subject to the new duty rate imposed on March 1, 1979.

Conclusion:

The appeal was allowed, and the judgment of the single Judge was set aside. The petitioners were granted relief, and the Customs authorities were directed to cancel the assessment orders imposing duty. The court also refused the Department's request for a stay and a certificate to appeal to the Supreme Court. The bank guarantee and bond furnished by the appellants were discharged.