Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/Case Laws/2010-11/1023

Goods that are smuggled into the country can be read within the meaning of the expression ‘imported goods’ for the purpose of benefit of the exemption notification?
Case: Commissioner of Customs (Preventive), Mumbai v/s M/s Ambalal & Co
 
Citation: 2010-TIOL-111-SC-CUS
 
Issue:- Whether goods that are smuggled into the country can be read within the meaning of the expression ‘imported goods’ for the purpose of benefit of the exemption notification?
 
Brief Facts:- From the office premises of the respondent-firm large quantity of rough diamonds was recovered. Partner of respondent-firm was not able to explain satisfactorily or produce documentary evidence in relation to the import of diamonds. The diamonds were seized by the Department. Show cause notice was issued proposing confiscation of the said diamonds. The Adjudicating Authority passed the order confiscating the diamonds under Section 111(d) of the Customs Act, 1962. Option was given to the respondent to redeem the diamonds on payment of redemption fine. Respondent were also asked to pay the appropriate duty. Additionally penalty was imposed under Section 112 of the Act.
 
Respondent filed appeal before Tribunal. The Tribunal confirmed the redemption fine of Rs. 60 Lakhs and the penalty of Rs. Twenty-five lakhs. Aggrieved by the same, respondent filed write petition before the High Court which was withdrawn to avail the benefit of Kar Vivad Samadhan Scheme, 1998.
 
The designated authority directed the Respondent to pay Rs. 42 Lakhs and fifty thousand towards redemption fine and penalty and gave liberty to the respondent to redeem the seized diamonds on payment of duty.
 
Respondent requested the Department to release the diamonds by availing the benefit under Notification No. 247/76-Cus dated 02.08.1976. The request was turned down. The writ petition filed by respondent was dismissed by the High Court by specifically observing that the respondent had imported diamonds of foreign origin without a valid licence. Further appeal, before the Supreme Court  was dismissed directing the Additional Collector of Customs (Preventive) to decide the amount of duty payable under the Customs Act in respect of seized goods.
 
Accordingly, the Commissioner quantified the duty payable to be Rs. 2, 20, 50, 125/-. Being aggrieved by the same, respondent filed appeal before the Tribunal. The Tribunal allowed the appeal and held that the exemption would be available to the goods imported by the respondent in the light of Notification No. 247/76-Cus. The Tribunal had held that the situation was covered by the case of Associated Cements Company v/s Commissioner of Customs [2001 (128) ELT 21 (SC)].
 
Against the order of the Tribunal, Revenue department has filed appeal before the Supreme Court. 
 
Appellant’s Contentions:- Revenue contended that Benefit of exemption notification cannot be extended to a person who/which had illegally imported rough diamonds into the country. The Benefit of exemption could not be availed by those persons who did not have the licence to import diamonds, or who had smuggled rough diamonds into the country clandestinely without payment of duty. 
 
Respondent’s Contentions:- Respondent contended that the relief was granted by the Tribunal by relying upon the principles laid down by the Supreme Court.
 
Reasoning of Judgment:- With regard to interpretation of the Notification the Supreme Court held that it is well settled that Notification is to be read as a whole. If any of the conditions laid down in the notification is not fulfilled, the party is not entitled to the benefit of that notification. The Rule regarding exemptions is that exemptions should generally be strictly interpreted but beneficial exemptions having their purpose as encouragement or promotion of certain activities should be liberally interpreted. This composite rule is not stated in any particular judgment in so many words. In fact majority of judgments emphasize that exemptions  are to be strictly interpreted while some of them insist that exemptions in fiscal Statutes are to be liberally interpreted giving an apparent impression that they are contradictory to each other. But this is only apparent. A close scrutiny reveals that the general rule is strict interpretation while special rule in the case of beneficial and promotional exemption is liberal interpretation. The two go very well with each other because they relate to 2 different sets of circumstances.       
 
Accordingly, the language of the Notification No. 247/76-Cus, dated 02.08.1976 was held to be plain and unambiguous therefore, it was to be considered in their ordinary sense. It was held that s construction which permits one to take advantage of one’s own wrong or to impair one’s own objections under a Statute should be disregarded. The interpretation should as far as possible be beneficial in the sense that it should suppress the mischief and advance the remedy without doing violence to the language.
 
It was held that the benefit of exemption envisaged is for goods that are imported. The definition of ‘imported goods’ given under Section 2 (25) was required to be read alongwith Section 11, Section 111 and Section 112 of the Act. Thus, it was concluded that the goods which were smuggled or which were imported without a valid licence cannot be treated to be lawfully “imported goods” within the definition of that term in Section 2 (25).
 
Relying upon the judgment given in Union of India v/s Ganesh Metal Processors Industries [2003 (151) ELT 21] it was held that the goods would become exempted goods provided all the conditions of the Notification are fulfilled. If any condition of the notification is not fulfilled, the goods are not exempted goods.
 
On the facts of present case, it was held that the respondent were not entitled to the benefit of the said Notification.
 
The Apex Court held that ‘smuggled goods’ will not come within the definition of ‘imported goods’ for the purpose of the exemption notification, for the reason, the Act defines both the expressions looking at the different definitions given to the two classes of goods: imported and smuggled. If the two are to be treated as the same, then there would be no need to have two different definitions.
 
A conjoint reading of Section 2 (25), Section 11, Section 111 and Section 112 provided that one of the primary purposes for prohibition of import referred to the latter is the prevention of smuggling. The entire scheme of the Customs Act was examined and it was concluded that one of the principal functions of the Act was to curb the ills of smuggling on the economy. This, it was held that it would be antithetic to consider that ‘smuggled goods’ could be read within the definition of ‘imported goods’ for the purpose of the Act. This it would be contrary to the purpose of the exemption notifications to accord the benefit meant for imported goods on smuggled goods.
 
The Apex Court further held that the decision given in Associated Cements Company v/s Commissioner of Customs was not helpful for the respondent. In that case the issue was that whether customs duty was leviable on technical material supplied in the form of drawings, manuals and computer disc etc. another issue was that if the customs duty was leviable, how it would be valued. In that case, it was held that the import of the said goods was free and therefore, it were not chargeable to duty. But in the present case, the notification exempted certain articles when imported into India from payment of duty under the Act. The import must be valid and in accordance with the provisions of the Act.
 
It was further held that the High Court had reached a finding that respondent had imported diamonds of foreign origin without a valid licence and that finding had become final.
 
Impugned order of the Tribunal set aside for being untenable. Matter remanded for consideration of 2 other issues which were raised before the Tribunal but were not considered. 
 
Decision:- Appeal disposed of accordingly.
 
Comments:- This is far reaching decision by the Apex Court. 
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com