1988 (3) TMI 78 - HC - Customs

Summary

Issues Involved:
1. Misunderstanding of Customs Tariff Act, 1975 and Central Excises and Salt Act, 1944 by the Revisional Authority.
2. Classification of the imported connecting rod under the Customs Tariff Act.
3. Applicability of countervailing duty under the Central Excise Act.
4. Nature of the product (connecting rod) and its classification.

Issue-Wise Detailed Analysis:

1. Misunderstanding of Customs Tariff Act, 1975 and Central Excises and Salt Act, 1944 by the Revisional Authority:
The petitioner argued that the Revisional Authority did not properly understand the relevant provisions of the Customs Tariff Act, 1975 and the Central Excises and Salt Act, 1944. Specifically, the petitioner referenced Section 3(1) of the Customs Tariff Act, which deals with additional duty. The Supreme Court in Khandelwal Metal and Engineering Works and Another v. Union of India clarified that Section 3(1) does not constitute a charging section and is not in the nature of countervailing duty. The charging section is Section 12 of the Customs Act, which levies customs duty on the import or export of goods. The additional duty under Section 3(1) is supplementary to the customs duty charged under Section 12.

2. Classification of the Imported Connecting Rod under the Customs Tariff Act:
The petitioner contended that the Revisional Authority failed to classify the connecting rod in accordance with the classifications under the Customs Tariff Act. The explanation to Section 3(1) was highlighted to show that the authority did not properly understand the nature of the manufacture of the connecting rod. The petitioner produced both the imported model and the indigenous production of the connecting rod to demonstrate that there was not much difference between them, arguing that the authority's classification was incorrect.

3. Applicability of Countervailing Duty under the Central Excise Act:
The respondent argued that the law in existence at the time of the imposition of customs duty should be considered. The Customs duty and excise duty are distinct and can be levied in different spheres. The decision in Lucas T.V.S. Ltd. v. Government of India was cited, which stated that for the purpose of levying countervailing duty, reference is made to the Excise Act. The goods imported by the appellant would attract excise duty if produced or manufactured in India, and thus, countervailing duty would be applicable.

4. Nature of the Product (Connecting Rod) and its Classification:
The Revisional Authority construed the countervailing duty under Item 27(b) of the Central Excise Act. The petitioner argued that the forgings classified as finished products under the Customs Tariff Act could not be classified as 'semi-finished forgings' under the Central Excise Tariff. The dictionary meaning of 'Forge' and 'Forged' was brought to the court's attention to argue the nature of the product. The court noted that the matter needed to be reconsidered with all the materials placed by both sides to determine the nature of the connecting rod used for manufacturing motor-cycles.

Conclusion:
The court set aside the order of the Revisional Authority and remitted the matter back to the Tribunal for fresh consideration. The Tribunal was directed to reconsider the case after giving both sides an opportunity to produce evidence, both oral and documentary, and to dispose of the matter within two months. There was no order as to costs.