O.CHHINNAPPA REDDY, A.P.SEN, M.P.THAKKAR, E.S.VENKATARAMIAH
Indian Express Newspapers (Bombay) Private LTD. : Bennett Coleman And Company LTD. : Statesman LTD. : Kasturi And Sons LTD. : Ananda Bazar Patrika Private LTD. – Appellant
Versus
Union Of India – Respondent
JUDGMENT
VENKATARAMIAH, J.:— The majority of petitioners in these petitions filed under Art. 32 of the Constitution are certain companies, their shareholders and their employees engaged in the business of editing, printing and publishing newspapers, periodicals, magazines etc. Some of them are trust or other kinds of establishments carrying on the same kind of business. They consume in the course of their activity large quantities of newsprint and it is stated that 60 of the expenditure involved in the production of a newspaper is utilised for buying newsprint, a substantial part of which is imported from abroad. They challenge in these petitions the validity of the imposition of import. duty on newsprint imported from abroad under S. 12 of the Customs Act, 1962 (Act 52 of 1962) read with S. 2 and Heading No. 48.01/21 Subheading No. (2) in the First Schedule to the Customs Tariff Act, 1975 (Act 51 of 1975) and the levy of auxiliary duty under the Finance Act, 1981 on newsprint as modified by notifications issued under S. 25 of the Customs Act, 1962 with effect from March 1, 1981.
2. The first set of writ petitions challenging the above levy was filed in May, 1981. At that time unde
relied on : Brij Bhushan v. State of Delhi
Bennett Coleman and Co. v. Union of India
Romesh Thaiiper v. State of Madras
Express Newspapers (Private) Ltd. v. Union of India
Sakal Papers (P) Ltd. v. Union of India
doubted : Municipal Corporation of Delhi v. Biria Cotton, Spinning and Weaving Mills, Delhi
referred to : Tulsipur Sugar Co. Ltd. v. Notified Area Committee, Tulsipur
RameshchaDdra Kachardas Porwal v. State of Maharashtra
distinguished : In re Sea Customs Act
doubted : Hamdard Dawakhana (Wakf) Lal Kuan, Delhi
followed : B.N. Tiwari v. Union of India
relied on : T. Devadasan v. Union of India
Firm A.T.B. Mehtab Majid and Co. v. State of Madras
distinguished : Mohd. Shaukat Hussain Khan v. State of A.P.
Mulchand Odhavji v. Rajkot Borough Municipality
Koteswar Vittal Kamath v. K. Rangappa Baliga and Co.
State of Maharashtra v. central Provinces Manganese Ore Co. Ltd.
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