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1987 (6) TMI 58 - HC - Customs

Issues:
Government exemption of customs duty for MMTC but not for petitioners, Allegation of discrimination and violation of Article 14 of the Constitution of India.

Analysis:
The judgment addresses the issue of whether the Government's exemption of customs duty for MMTC while denying the same to the petitioners amounts to discrimination and violates Article 14 of the Constitution of India. The petitioners argued that both they and MMTC were importers of aluminum ingots and rods, and any favorable treatment to MMTC would be discriminatory. However, the court noted that the notification exempting MMTC was issued in the public interest due to a shortage of aluminum in the country. The exemption aimed to import aluminum to meet the local shortage and distribute it at a reasonable price. The court highlighted that the exemption was based on specific circumstances and the need to reduce prices in the local market, justifying the differential treatment.

The judgment referred to a similar case where the Delhi High Court upheld a government exemption for the State Trading Corporation to maintain reasonable prices of vegetable oil. In that case, the government exempted duty to import commodities at a lower international price to lower domestic prices. Drawing parallels, the court found the present case akin to the Delhi High Court decision, emphasizing the government's objective to address the shortage of aluminum and stabilize prices locally. The court concluded that the exemption notification was reasonable and not discriminatory, as it served a legitimate public interest purpose.

The court rejected the petitioners' claim of discrimination, stating that the exemption for MMTC was justified by the circumstances and the need to balance local prices. It emphasized that the petitioners and MMTC were not in similar situations, as the goal was to reduce prices in the local market. Consequently, the court discharged the rule, finding no grounds for the petitioners' allegations. The judgment did not find the exemption notification unreasonable or violative of Article 14 of the Constitution of India, as it was issued to address a specific shortage and pricing concern in the country.

 

 

 

 

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