Judgment

Thomas, J.-Whether vessels which are used as transhippers can also be treated as “ocean going vessels” is the short but hotly mooted issue involved in these appeals. It was once decided by a Bench of two Judges of this Court in Chowgula & Co. Pvt. Ltd. v. Union of India & Ors.1 that such vessels cannot be termed as “ocean-going vessels”. Another Bench has now expressed the opinion that the ratio in the above decision requires reconsideration by a larger Bench. Thus, these matters have come up before us.

2. Some facts necessary for these appeals can be stated thus:

3. Section 46 of the Customs Act, 1962 requires the importer of any goods, other than goods intended for transit or transhipment, to present a Bill of Entry for home consumption of such goods in the prescribed form. By a notification issued by the Ministry of Finance (Department of Revenue) Government of India on 11.10.1958, “ocean-going vessels” have been exempted from payment of customs duty. The said notification reads thus :

“Under Govt. of India Ministry of Fin­ance (Dept. of Revenue) Notifica­tion No. 262-Customs dated the 11th October, 1958, ocean-going vessels other than vessels imported to be broken up, are