9911796707
|
Home
Issues:
Interpretation of the entry in the Import and Export Policy regarding rechargeable cells and dry batteries; Whether batteries comprising rechargeable cells can be imported against the description of rechargeable cells; Differentiation between rechargeable cells and dry batteries; Whether the term "cell" and "battery" are synonymous in the context of importation; Whether a question of law arises regarding the interpretation of the scope of the entry for importation purposes. Analysis: The Appellate Tribunal CEGAT, Madras, dealt with a case involving the interpretation of the entry in the Import and Export Policy concerning rechargeable cells and dry batteries. The issue revolved around whether batteries comprising rechargeable cells could be imported against the description of rechargeable cells. The Tribunal considered the distinction between primary batteries (dry batteries) and secondary batteries (rechargeable cells) and noted that the terms "battery" and "cell" are often used interchangeably. The Lower Authority had differentiated between "rechargeable cells" and batteries, but the Tribunal disagreed, stating that rechargeable cells without a battery cabinet cannot be marketed, and what was imported were rechargeable batteries containing rechargeable cells. The Tribunal found force in this reasoning and disagreed with the Lower Authority's interpretation. The Tribunal also considered the argument raised by the Department's representative regarding the distinction between "cell" and "battery" based on scientific and technological standards. The Department argued that technically, only cells should have been imported against the description of rechargeable cells, not batteries comprising multiple cells. However, the Tribunal observed that while cells and batteries perform the same function, they are manufactured based on power requirements and usage. The distinction between cell and battery was deemed apparent, and the Tribunal held that the scope of the term "rechargeable cells" covered the imported batteries containing rechargeable cells. Furthermore, the Tribunal addressed the interpretation of the term "cell" and "battery" in the context of importation. It considered the definitions of "storage battery" and "storage cell" from the McGraw-Hill Dictionary, highlighting that while a storage battery could consist of a single storage cell, a battery comprising multiple cells cannot be considered a single cell. The Tribunal concluded that a question of law arose regarding the interpretation of the entry for importation purposes, leading to the decision to refer the matter to the Hon'ble High Court for clarification. In conclusion, the Tribunal referred the question of law to the Hon'ble High Court of Madras to determine whether the lead acid battery imported by the appellant fell within the Import Licence's scope. The Registry was directed to submit the statement of facts and the question of law to the Hon'ble High Court for their valuable advice on the matter.
|
