2000 (1) TMI 195 - SC - Customs

Whether in the facts and circumstances of this case the appellant is entitled to the benefit of the Exemption Notification No. 62/83, dated 1-3-1983 issued by the Government of India in exercise of the powers under Section 25(1) of the Customs Act, 1962? Held that - It is not disputed before us that benefit in payment of basic duty and additional duty, in terms of Notification No. 268/76, dated 2-8-1976, has already been obtained by the appellant for importing the machinery as per a contract registered with the Customs Authorities under Tariff Item 84.66. Having so obtained that benefit by claiming the imported machinery to be covered by tariff Item 84.66, it was not open to the appellant later on to canvass much less claim that the machinery in question is covered by Tariff Item 84.31, for receiving the benefit of total exemption under Notification 62/83 and that it is not liable to pay auxiliary duty at the reduced rate of 20% on goods falling under Tariff Item 84.66 under Notification No. 61/83. Whether or not the specific machinery imported by the appellant is also covered by Item No. 84.31, under the circumstances, was irrelevant and apparently a devise to claim unavailable benefit under Notification 62/83. In the established facts and circumstances of the case, the appellant was not entitled to the benefit of total exemption from payment of auxiliary duty under Notification 62/83 as rightly held by the Division Bench. Appeal dismissed.

Summary

Issues:
- Interpretation of Exemption Notification No. 62/83 for Auxiliary Duty
- Applicability of Tariff Items 84.31 and 84.66
- Benefit entitlement under Notification 61/83 for reduced Auxiliary Duty

Interpretation of Exemption Notification No. 62/83 for Auxiliary Duty:
The case involved a dispute regarding the entitlement to the benefit of Exemption Notification No. 62/83 for Auxiliary Duty issued by the Government of India under the Customs Act, 1962. The appellant imported machinery under a registered contract and claimed total exemption from Auxiliary Duty under Notification 62/83. The appellant argued that since the machinery fell under one of the 19 items listed for exemption, they should benefit from it. However, the Revenue contended that the appellant was not entitled to this exemption as they had imported the machinery under a specific contract registered under a different heading. The Single Judge ruled in favor of the appellant, but the Division Bench overturned this decision, leading to the appeal in the Supreme Court.

Applicability of Tariff Items 84.31 and 84.66:
The dispute centered around Tariff Items 84.31 and 84.66 under the Customs Tariff Act, 1975. The appellant had imported machinery falling under Item 84.66 and had already enjoyed concessions on basic customs duty and additional duty under a registered contract. The appellant then sought exemption from Auxiliary Duty under Notification 62/83. However, the Revenue argued that the appellant should pay the auxiliary duty as per Notification 61/83, which reduced the duty to 20% for certain goods. The Division Bench agreed with the Revenue's interpretation, emphasizing that the appellant had already claimed benefits under a specific tariff item and could not later seek additional exemptions.

Benefit entitlement under Notification 61/83 for reduced Auxiliary Duty:
Notification 61/83 provided for a reduction in Auxiliary Duty rates for specific goods, including those falling under Tariff Items 84.31 and 84.66. While goods under Item 84.31 were subject to reduced duty, no such exemption was granted for goods falling under Item 84.66 under Notification 62/83. The Supreme Court concluded that since the appellant had already obtained benefits under a registered contract for machinery falling under Item 84.66, they could not subsequently claim total exemption under a different notification. The Court held that the appellant was not entitled to the benefit of total exemption from auxiliary duty under Notification 62/83, as decided by the Division Bench, and dismissed the appeals.

This detailed analysis of the judgment highlights the key issues surrounding the interpretation of exemption notifications, the applicability of tariff items, and the entitlement to benefits under specific notifications, providing a comprehensive overview of the legal reasoning and conclusions reached by the Supreme Court in this case.