1997 Supreme(Bom) 400
IN THE HIGH COURT OF BOMBAY
A.P. Shah B.B. Vagyani, JJ.
Bajaj Tempo Limited another ..... Petitioners.
Versus
The Pimpri Chinchwad Municipal
Corporation others ..... Respondents.
Writ Petition No. 3066 of 1988, decided on 31-7-1997.
Advocates appeared :
J.D. Dwarkadas with N.H. Seervai and Vaibhav V. Joglekar i/by M/s. Kanga Co., for petitioners.
Narendra Walwalkar with Ms. A.R. Baxi, for respondents.
Headnote:Section 2(50)-Bombay Provincial Municipal Corporation Act, 1949, Section 493-C1assification of goods imported by company-Entry 75-A speaks of vehicle and spare part and not component-Component would be governed by Entry 75- C-Liable to be charged at the rate of 0.5 per cent-Corporation has increased the levy-Notice issued by corporation quashed -Direction issued to refix amount of octroi.-Section 493 of the Corporation. Act contains Transitory provisions. Under Section 493 read with paragraph 5(a) of Appendix IV power is conferred on the State Government to issue notification for continuity of rules byelaws, etc. in so far as they are not inconsistent with the provisions of the Act and such rules, bye-laws would continue to remain in force unless they are modified or suspended. The Stale Government continued the old rules, bye-laws of Pimpri Chinchwad Municipality under notification, dated 5th October, 1982 when the Municipality was formed into Corporation held valid.
Section 2(50)-Maharashtra Municipalities Octroi Rules, 1968, Rule 3, Schedule I, Entry 75-A, C-Interpretation of statutes-Octroi duty Dispute on classification-Vehicles and components in same category-Challenged-Contention---Components falling under Entry 7S-C-HeldVehicles described in Section 2(SO) are comprehensive-Entry 7S-C also includes components and spares along with vehicles.- The learned counsel appearing for the petitioners, strenuously contended that the components and spares imported by the company for manufacturers of their vehicles fall under Entry 75-C and not under Entry 75-A. The counsel urged that the vehicles manufactured by the company do not fall under Entry 75-A but, they are covered by Entry 75-C which applies to all kinds of vehicles and their components and spares. In the alternative, Mr. Dwarkadas urged that even assuming that the vehicles of the petitioners fall under Entry 75-A, Entry 75-A does not speak of components and, therefore, the components would fall under Entry 75-C.
2.Under Rule 3 of the Maharashtra Municipalities (Octroi) Rules, a municipal council is entitled to levy octroi on various goods mentioned in Schedule I of the said Rules and is entitled to fix the rates of octroi not exceeding maximum rate and not less than the minimum rate prescribed in the said schedule for each type of goods. In pursuance of the powers conferred by the rules, the Pimpri Chinchwad Municipal Council levied octroi on various items and published a table of rates thereof. Entry No. 75 of Table of Rates of Octroi in force prior to 16th March, 1981 read as under :---
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Sr. No. Description of goods Percent
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75.Vehicles
(A) Motorcars, motorcycles Chassis
and lorries and spares thereof 2.00
(B) Bicycles, Perambulators, carriages,
all kinds of vehicles and their
components and spares. 2.00
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3.By passing a resolution dated, 30th January, 1981 bearing No. 621, the General Body of Pimpri Chinchwad Municipal Council decided to revise the rates of octroi of various items. By virtue of the said resolution, the then prevailing rates of octroi for Serial Nos. 75-A and 75-B were reduced to 0.5 per cent ad valorem to be effective from 16th March, 1981. In pursuance of the said resolution, a revised Table of Rates came to be published. Serial No. 75 of the said Table of Rates reads as follows :
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Sr. No. Description of goods Percent
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75. Vehicles
A. Motorcars, motorcycles, 0.50
Chassis and lorries 2.00
and spares thereof
B. Bicycles and their 0.50
spares parts
C. Perambulators,
carriages, all kinds
of vehicles and
their components0.50
and spares
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It is clearly seen that the above Table of Rates is at variance with the Resolution No. 621 dated 30th January, 1981. Under the resolution, the vehicles as well as "spares thereof" falling under Serial No. 75-A were liable to be taxed at 0.5 per cent whereas the revised table which came to be published prescribed different rate for the spares of the vehicles falling under Serial No. 75-A. F