JUDGMENT

BHAGWATI, J.:— This appeal by special leave raises a short question as to what is the correct amount of import duty chargeable on pot motors when imported separately from Rayon Spinning frames: do they fall within Item 72 (3) or Item 73 (21) of the First Schedule to the Indian Customs Tariff? The facts giving rise to the appeal are few and may be briefly stated as follows:

2. Sometime in 1956 a licence for setting up a plant for manufacture of Rayon was granted to one Kesoram Industries and Cotton Mill Ltd., under the Industries Development and Regulation Act, 1951. Since the machinery and equipment required for setting up the plant were not available in India, Kesoram Industries and Cotton Mills Ltd., applied for an import licence and on the basis of this application, import licence was granted to them for importing "complete continuous filament Rayon plant-with spares and accessories" of the C. I. F. value of Rs. 5.50 crores from general currency area excluding South Africa. It appears that Kesoram, Industries and Cotton Mills Ltd. imported, on the strength of this import licence, Rayon Spinning frames, excluding pot motors, from Japan, but so far as pot motors, were conc