1987 (11) TMI 83 - HC - Customs

Summary

Issues Involved:
1. Assessment of imported goods under the correct Tariff Item.
2. Legality of the duty charged and refund claims.
3. Imposition of fine for breach of import regulations.
4. Entitlement to interest on the refunded amount.

Summary:

1. Assessment of Imported Goods:
M/s. Metal Distributors Ltd. imported 764 metric tonnes of alloy steel scrap and presented 26 bills of entries for clearance. The Customs authorities initially assessed the goods under Tariff Item 73.15(0(2) and 73.17/19(1), determining a higher duty. The importer contended that the goods should be assessed under Tariff Item No. 73.03/05, attracting a lower duty. The Customs authorities imposed a fine of Rs. 13,20,500/- claiming the goods were not scrap but alloy in various forms.

2. Legality of Duty Charged and Refund Claims:
The importer filed 26 refund applications claiming the duty charged was without authority of law. The Customs authorities refunded Rs. 77,52,145.72 but failed to refund the balance amount. The importer filed a writ petition seeking the balance refund and interest. The learned single Judge found the Customs authorities' conduct grossly unjustified and directed them to deposit Rs. 39 lakhs in Court.

3. Imposition of Fine:
The learned single Judge found the fine of Rs. 13,20,500/- imposed on the importer wholly unsustainable and ordered its refund along with interest at 12% per annum.

4. Entitlement to Interest:
The learned single Judge ordered the Customs authorities to pay the importer Rs. 39,56,353.84 with interest at 12% per annum from the date of refund applications till realization. The importer appealed, seeking interest from the date of payment till realization and a higher interest rate of 18%. The appellate court upheld the interest rate of 12% but granted interest from the date of payment till realization.

Appeal by the Department:
The Department's appeal was limited to six bills of entries. The appellate court found no merit in the Department's claim that the goods covered by these bills were not scrap, as no supporting evidence was produced. The appeal was dismissed.

Appeal by the Importer:
The appellate court partly allowed the importer's appeal, directing the respondents to pay the balance amount with interest at 12% per annum from the date of payment till realization. The respondents were ordered to pay the balance amount within six weeks.

Conclusion:
The judgment quashed the impugned order of the Assistant Collector, directed the refund of the balance amount with interest, and dismissed the Department's appeal while partly allowing the importer's appeal.