1994 (7) TMI 173 - AT - Customs

Summary

Issues:
1. Whether the short-levy demanded is barred by time under Section 28 of the Customs Act, 1962.

The judgment pertains to two appeals involving a common issue of whether the short-levy demanded is time-barred under Section 28 of the Customs Act, 1962. The appellants argued that the demand was barred by time as the car in question was imported by a foreign company, not an individual, and was not used for personal purposes. The appellants contended that Section 28(a) did not apply, and the notice issued was beyond the prescribed time limit of six months under Section 28(b). On the other hand, the Revenue argued that since the car was imported in the individual capacity of the appellant and used for personal purposes, the time limit under Section 28(a) applied. The Tribunal analyzed the evidence and the provisions of the Customs Act to determine the actual importer of the car.

The Tribunal examined the provisions of Section 28 of the Customs Act, which allows for the issuance of a notice for recovery of short-levy within one year in the case of imports made by individuals for personal use or by specific public institutions, and within six months in other cases. The Tribunal noted that the term "individual" includes various legal entities like partnership concerns and companies. In this case, the appellant acted as a representative of the foreign company, importing the car on its behalf, with the entire cost borne by the company. The Tribunal found that the evidence supported the fact that the import was on behalf of the company, not in the individual capacity of the appellant, thereby negating the applicability of Section 28(a) to the case.

In a previous case, the Tribunal had held that the actual importer may not always be the entity filing the bill of entry. The Tribunal cited a case where the party filing the bill of entry was not considered the actual importer, as they were merely handling agents for the clearance of goods. Similarly, in the present case, the appellants were acting as representatives of the foreign company, which was the actual importer and owner of the car. The Tribunal found merit in the argument that the import was not individual and the car was not for personal use, as it was purchased on behalf of the company. Consequently, the Tribunal allowed the appeals, ruling in favor of the appellants.

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