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1988 Supreme(Mad) 53

S.RATNAVEL PANDIAN, SRINIVASAN
Appraiser, Madras Customs – Appellant
Versus
Tamil Nadu Newsprint Papers Limited – Respondent


Advocates Appeared:P. Narasimhan, B.R. Dolia, M/s. Aiyar & Dolia, Advocates.

Judgment :-

SRINIVASAN, J

The only question involved in these appeals is whether the respondent is entitled to the benefit of the Notification No. 62/83-Cus., dated 1-3-1983, granting exemption from the whole of the auxiliary duty of customs leviable under sub-clause (1) of clause 45 of the Finance Bill, 1983, with respect to paper-making machinery and component parts thereof imported by the respondent.

2.The respondent is a public limited company incorporated under the Companies Act, with the main object of establishing an industrial plant for manufacturing newsprint and writing and printing paper. The respondent registered a contract as per Heading No. 84.66 of the Customs Tariff Act, 1975, and Project Imports (Registration of Contracts) Regulations, 1965 with the Custom House, Madras, for clearance of the goods imported for initial setting up of a paper mill of 90000 tonnes capacity. As and when Bills of Entry were filed by the clearing agents of the respondent, the goods imported were assessed to duty under the Heading No. 84.66 of the Customs Tariff Act.

3.Section 2 of the Customs Tariff Act, provides for levy of duties as specified in the First and Second Schedules to the Act, w


































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