1973 (1) TMI 27 - HC - Customs

Summary

Issues:
1. Interpretation of a license for import of stainless steel sheets covering imported stainless steel strips.
2. Application of statutory provisions for penalty under the Customs Act.

Analysis:

Issue 1: Interpretation of Import License
The petitioner, a partner in an exporting firm, imported stainless steel strips under licenses issued for stainless steel sheets. The contention was whether the license for sheets covered strips. The court referred to public notice Ext. P1, clarifying that "Stainless Steel Sheets" included "Plates", "Strips", and "Circles." The court held that the license for sheets encompassed plates, strips, and circles of stainless steel. The Government Pleader argued that Ext. P1 only extended the concession to plates, strips, and circles, not sheets. However, the court disagreed, stating that the Central Government's decision was clear in including all forms of stainless steel under the license. The court emphasized interpreting penal provisions in favor of the alleged offender, especially when there are two possible interpretations. Thus, the petitioner did not contravene the license terms by importing strips.

Issue 2: Application of Customs Act Provisions
The penalty imposed on the petitioner was under Section 112(a) of the Customs Act. The section pertains to improper importation of goods rendering them liable to confiscation. The court noted that the penalty was imposed under clause (ii) of Section 112, which applies when duty evasion occurs. However, in this case, the imported goods attracted a lower duty rate than the license permitted, resulting in higher duty payment. As per the Customs Act, the penalty provision does not apply when goods liable to lower duty are imported under a license for higher duty goods. Therefore, the court concluded that Section 112 of the Customs Act did not apply to the petitioner's case. Consequently, the court quashed the penalty order Ext. P-11.

In conclusion, the court ruled in favor of the petitioner, holding that the imported stainless steel strips were covered under the license for sheets and that the penalty under the Customs Act was not applicable due to the duty payment scenario.