1993 (5) TMI 27 - SC - Customs

Whether the photographic machinery imported by the appellants falls under Customs Tariff Heading No. 98.01? Held that - we cannot say that the Parliament has, by empowering the Board to define the expression industrial plant occurring in Chapter 98, delegated its essential legislative function. Indeed, we see no self-abnegation on the part of the Parliament. The power conferred by ChapterNote (2) is undoubtedly different from the power of exemption conferred by Section 25. It makes little difference in principle that while an exemption notification is required to be laid on the floor of the Parliament, regulations made under Section 157 are not so required. Absence of such requirement does not mean absence of control by the Parliament over the acts of the delegate. Nor are we satisfied that by excluding the industrial systems meant for establishments designed to offer services of any description, the Board has travelled beyond its brief. The appeals fail and are dismissed.

Issues Involved:
1. Classification of photographic machinery under Customs Tariff Heading No. 98.01.
2. Validity of Project Imports Regulations, 1986.
3. Delegation of legislative power under Section 157 of the Customs Act, 1962.

Issue-wise Detailed Analysis:

1. Classification of Photographic Machinery under Customs Tariff Heading No. 98.01:

The primary issue was whether the photographic machinery imported by the appellants falls under Customs Tariff Heading No. 98.01, which would entitle it to a concessional rate of duty, or under Chapter 90, which imposes a higher duty. Chapter Note (1) of Chapter 98 indicates that this chapter applies to all goods satisfying the prescribed conditions, even if they are covered by a more specific heading elsewhere. However, Chapter Note (2) specifies that Heading No. 98.01 applies to goods imported in accordance with regulations made under Section 157 of the Customs Act, 1962. The definition of "industrial plant" within these regulations excludes establishments designed to offer services, including photographic studios and photographic film processing laboratories.

2. Validity of Project Imports Regulations, 1986:

The appellants argued that until April 3, 1986, photographic machinery was included within the expression "industrial plant" under Heading 98.01 and Tariff Heading 84.66 of the old tariff. They contended that the exclusion of photographic machinery by the 1986 regulations was beyond the scope of Section 157 and amounted to excessive delegation of legislative power. The respondents, representing the Central Government, argued that the validity of Chapter Note (2) was not questioned before the High Court and should not be permitted at this stage. They maintained that the regulations were consistent with the Customs Act and necessary for the administration of the Act.

3. Delegation of Legislative Power under Section 157 of the Customs Act, 1962:

The appellants contended that the regulation-making power under Section 157 should be confined to procedural and peripheral matters and not substantive provisions that cut down the ambit of the Customs Tariff Act. They argued that the regulations defining "industrial plant" were outside the province of Section 157 and amounted to excessive delegation of legislative power. The court, however, held that both the Customs Act, 1962, and the Customs Tariff Act, 1975, are complementary, and the regulation-making power under Section 157 is broad enough to include substantive provisions necessary for carrying out the purposes of the Act. The court emphasized the necessity of delegated legislation in modern administration and upheld the validity of Chapter Note (2) and the Project Imports Regulations, 1986.

Conclusion:

The Supreme Court dismissed the appeals, holding that the photographic machinery imported by the appellants does not fall under the concessional rate of duty provided by Heading No. 98.01. The court upheld the validity of the Project Imports Regulations, 1986, and found no excessive delegation of legislative power in Chapter Note (2) of Chapter 98. The court emphasized the importance of delegated legislation in the administration of complex statutes like the Customs Act and Customs Tariff Act, which are instrumental in regulating the economy and industrial development of the country.

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