1975 (3) TMI 30 - HC - Customs

Summary

Issues Involved:
1. Validity of Public Notice No. 22 dated 27th February 1964.
2. Conditions imposed for exemption from duty under Sections 13 and 23 of the Customs Act, 1962.
3. Authority of the Collector of Customs to issue directions in a Public Notice.
4. Quasi-judicial authority and its restriction by administrative directions.

Issue-wise Detailed Analysis:

1. Validity of Public Notice No. 22 dated 27th February 1964:
The Petitioners, a registered Partnership Firm, challenged the vires of Public Notice No. 22 dated 27th February 1964, which imposed mandatory conditions for claiming exemption from liability to pay duty under Sections 13 and 23 of the Customs Act, 1962. The Court found that the Public Notice was beyond the scope of the Collector of Customs' powers, as it imposed conditions that were not within the powers of the importers to fulfill. The Court declared Public Notice No. 22 null and void, stating that it must be ignored by the exempting authority when considering whether to grant exemption under Sections 13 and 23 of the said Act.

2. Conditions imposed for exemption from duty under Sections 13 and 23 of the Customs Act, 1962:
The Petitioners contended that they were entitled to claim exemption from duty under Section 13 if goods were pilfered after unloading but before clearance for home consumption, and under Section 23 if goods were lost or destroyed before clearance. The Public Notice required a certificate from the Bombay Port Trust, which the Petitioners could not obtain due to the destruction of records by the Port Trust. The Court held that the requirement to produce such a certificate was an impossible condition and restricted the quasi-judicial authority of the exempting officer. The Court emphasized that pilferage could be proved in any manner permitted by law, not just through the specified certificate.

3. Authority of the Collector of Customs to issue directions in a Public Notice:
The Court examined whether the Collector of Customs had the authority to issue directions in the form of a Public Notice that imposed specific conditions on the exempting authority. It was determined that the Collector of Customs could not issue such directions, as they were beyond his powers and restricted the quasi-judicial authority of the exempting officer. The Court referenced the Supreme Court's decision in M/s. Ravi Roadways v. Asia Bi, which held that quasi-judicial powers cannot be controlled by administrative directions.

4. Quasi-judicial authority and its restriction by administrative directions:
The Court found that the directions in the Public Notice restricted the quasi-judicial authority of the exempting officer, which was not permissible. The Supreme Court's observations in Oriental Paper Mills v. The Union of India were cited, stating that no authority, however high, could control the direction of a judicial or quasi-judicial system. The Court concluded that the exempting authority must independently decide whether the conditions in Sections 13 and 23 of the Customs Act had been met, without being bound by the conditions in the Public Notice.

Conclusion:
In conclusion, the Court quashed the demand for Rs. 99,524.69 based on the non-compliance with the Public Notice, directing the Respondents to reconsider the Petitioners' claim for exemption without considering the conditions in the Public Notice. The Petition was allowed, and the Rule was made absolute to the extent stated, with no order as to costs. The Petitioners were granted relief on the grounds that the Public Notice was bad in law, and they were not prevented from raising other issues in the future.