2012 (10) TMI 8 - HC - Customs

Prohibited goods - import of Crude Palm Oil (Edible Grade) - acid value was 9.77 in the sample - According to the appellant, it has imported Crude Palm Oil and the same has neither been defined under the Prevention of Food Adulteration Act nor is there any prescribed standard of Crude Palm Oil thereunder - samples did not conform to the standards laid down under PFA 1955 due to high acid value and hence, the NOC was not being issued to the Customs Authority for clearance Held that - It is not a case where the appellant falsely declared the goods as refined vegetable oil and consequently, a food within the meaning of Food Safety and Standards Act, 2006, but was found to be unfit as a food - imported goods is not for immediate use as a food item as declared - Customs Authority directed to not to treat the goods as prohibited goods and to assess the duty and pass appropriate order in accordance with the provisions of the Customs Act - appellant restrained from utilizing the imported goods as food within the meaning of the Act of 2006 without complying with the requirement of the Prevention of Food Adulteration Rules - Mandamus - Appeal allowed

Summary

Issues Involved:
1. Whether the imported crude palm oil (edible grade) is prohibited goods under the Customs Act.
2. Whether the Customs Authority can refuse to assess duty on the imported goods based on its acid content.
3. Whether the imported crude palm oil must meet the standards of edible oil under the Prevention of Food Adulteration Rules, 1955.

Issue-wise Detailed Analysis:

1. Whether the imported crude palm oil (edible grade) is prohibited goods under the Customs Act:
The appellant imported crude palm oil (edible grade) and filed a bill of entry for home consumption. The Customs Authority refused to clear the goods, arguing they were prohibited due to high acid content, which did not conform to the Prevention of Food Adulteration Rules, 1955. The court emphasized that the term "prohibited goods" under Section 2(33) of the Customs Act refers to goods whose import is subject to prohibition under any law unless conditions for import are met. The court found no legal provision explicitly prohibiting the import of crude palm oil (edible grade) with high acid content. The court concluded that crude palm oil intended for further refining before human consumption is not prohibited under the Customs Act.

2. Whether the Customs Authority can refuse to assess duty on the imported goods based on its acid content:
The Customs Authority argued that the goods were prohibited based on their acid content, exceeding the permissible limit for edible oils under the Prevention of Food Adulteration Rules. The court noted that the appellant declared the goods as crude palm oil (edible grade) with an acid value of 4-10, not as refined vegetable oil ready for consumption. The court held that the Customs Authority should assess duty based on the declared use of the goods for further refining. The court directed the Customs Authority to assess duty and release the goods if the importer complied with the assessment.

3. Whether the imported crude palm oil must meet the standards of edible oil under the Prevention of Food Adulteration Rules, 1955:
The court addressed whether the imported crude palm oil must conform to the standards of edible oil under the Prevention of Food Adulteration Rules. The court highlighted that Appendix B of the Rules allows the import of crude palm oil with an acid value exceeding 0.5% if it is intended for further refining before human consumption. The court found that the appellant's declaration of the goods as crude palm oil for refining was consistent with the Rules. The court concluded that the imported goods did not need to meet the edible oil standards at the import stage but must conform to those standards before being supplied for human consumption.

Conclusion:
The court allowed the appeal, setting aside the order of the learned Single Judge. It directed the Customs Authority to assess duty on the imported crude palm oil (edible grade) and release the goods upon compliance with the assessment. The court restrained the appellant from using the imported goods as food without meeting the standards under the Prevention of Food Adulteration Rules. The court emphasized a harmonious construction of the Customs Act and food safety laws, ensuring that imported crude palm oil intended for refining is not treated as prohibited goods.