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1 - 8 of 8 (1.26 seconds)The Customs Act, 1962
Section 14 in The Customs Act, 1962 [Entire Act]
Prakash Cotton Mills (P) Ltd vs B. Sen & Ors on 25 January, 1979
The learned Standing Counsel for the Union of India in this conext called our attention to the decision in Prakash Cotton Mills (P) Ltd. v. B. Sen , wherein the Supreme Court has taken the view that the rate and valuation of goods for the purposes of Section 15(1)(b) of the Customs Act was the rate and valuation in force on the date on which the warehoused goods were actually removed from the warehouse. It was contended that the ratio of this decision lends support to the viewpoint canvassed by the revenue. Since the question before us was not directly before the Supreme Court, we do not propose to dwell at length on the question which was posed before the Supreme Court in order to cull out the ratio of the said decision for the purpose of the present discussion.
Article 226 in Constitution of India [Constitution]
M.S. Shawhney, Asstt. Collector Of ... vs Sylvania And Laxman Limited on 14 January, 1975
15. The Counsel for the petitioners has however, sought support from M.S. Shawhney v. Syivania and Laxman Ltd. 11 B.L.R. 380. The Bombay High Court in that case was concerned with the question as to when the importation of goods took place in the context of the fact that the ship carrying the goods for importation had crossed the territorial waters before March 31, 3967 which was the last date upto which the notification exempting the goods from customs duty was operative. The Bombay High Court has taken the view that the importation look place when the goods entered the territorial waters before March 31, 1967 and, therefore, the customs duty was not payable on the goods. The question arose in a different context and the question as to whether the landing charges were includible in the assessable value was not before the Bombay High Court. Besides, the considerations which we have out-lined in the earlier part of our judgment were not highlighted before the Bombay High Court. We are not prepared to uphold the contention of the petitioners on the basis of the aforesaid decision tendered by the Bombay High Court.
Section 15 in The Customs Act, 1962 [Entire Act]
Ford Motor Company Of India Limited vs The Secretary Of State For India on 4 October, 1935
In the said decision the phrase "at the place of importation" came up for consideration and an argument was urged as to whether the valuation had to be made on the ex-ship basis. This argument was negatived by the Privy Council. Ultimately, the learned Counsel for the importer could not even contend that the valuation should be on the "ex-ship" basis but suggested that it should be on "ex-wharf basis and that in any case place of importation would not extend beyond the limits of the Port. It was in that context that the Privy Council made the aforesaid observation. We have, therefore, no hesitation in reaching the conclusion that the inclusion of landing charges in the assessable value cannot be regarded as inclusion of post-importation charges and that introduction of such undue refinement is not called for. When interpreted in a sensible and commonsense manner the view which commends to us appears to be the correct view. It is futile to contend that landing charges cannot be included in determining the assessable value of the imported goods for the purpose of computation of the customs duty. And that is how the provisions have been construed for more than 40 years. That is the interpretation which has prevailed in all quarters, namely, the revenue, the importer, the exporter and all concerned. All transactions have been made on this basis for all these years. We have already brought into focus the innumerable complications which would arise if this construction which has Come to be accepted by all concerned for such a long time is thrown overboard and a new and revolutionary construction which unsettles every settled position is accepted on the basis of a fancy or disingenuous argument.
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