1977 (3) TMI 170 - SC - Customs

Supreme Court dismisses appeal due to lack of jurisdiction, parties to bear own costs

The Supreme Court dismissed the plaintiffs' appeal (Civil Appeal No. 1923 of 1972) and allowed the defendants' appeal (Civil Appeal No. 1924 of 1972), ... - Issues Involved:1. Jurisdiction of Civil Court2. Limitation3. Legality of Re-assessment and Double Duty ImpositionIssue-wise Detailed Analysis:1. Jurisdiction of Civil Court:The primary question was whether the civil court had jurisdiction to entertain the suit brought by the plaintiffs. The court noted that the Municipal Committee had the power under Section 66(1)(a) of the C.P. and Berar Municipalities Act, 1922 to impose octroi tax. Rule 6(b) stipulated that octroi duty was payable on the 'current price of articles,' which is equivalent to the cost price plus carriage costs. Section 84(3) of the Act explicitly prohibited challenging any valuation, assessment, or levy in any manner other than provided by the Act, effectively barring civil court jurisdiction. The court referenced several precedents, including Wolverhampton New Waterworks Company v. Hawkesford and Secretary of State v. Mask & Co, to support the exclusion of civil court jurisdiction when a statute provides a special remedy. The court concluded that the plaintiffs' challenge to the re-assessment and double duty imposition was within the purview of the statutory authorities and not the civil courts, aligning with the principles laid out in Kamla Mills Ltd. v. State of Bombay and Dhulabhai v. State of Madhya Pradesh.2. Limitation:The High Court applied the special period of limitation provided in Section 48 of the Central Provinces and Berar Municipalities Act, 1922. It held that the suit was within limitation regarding the payment made on September 22, 1948, due to the intervening summer vacation but was barred by limitation for the payment made on August 6, 1948. The court also noted that the exaction of double duty being beyond the powers of the defendants, the special period of limitation was not attracted, allowing the plaintiffs to recover the double duty paid.3. Legality of Re-assessment and Double Duty Imposition:The trial court held that the defendants could not charge octroi duty on an amount arrived at by deducting only 12.5% from the retail price, deeming it illegal. It also ruled that the defendants were not justified in recovering double duty as the plaintiffs had not intentionally evaded the payment of the proper duty. However, the High Court overturned this, stating that the defendants were entitled to revise and reopen the assessment, and the re-assessment fixed by the Sub-Divisional Officer could not be questioned in the civil court. The court emphasized that the defendants had the right and power to assess and recover octroi duty and double duty on goods brought within municipal limits, and any errors in the exercise of that power did not render the assessment without jurisdiction. The court concluded that the remedy for challenging the correctness of the levy was provided within the Act and not through a civil suit.Conclusion:The Supreme Court dismissed the plaintiffs' appeal (Civil Appeal No. 1923 of 1972) and allowed the defendants' appeal (Civil Appeal No. 1924 of 1972), resulting in the dismissal of the plaintiffs' suit. The court held that the civil court lacked jurisdiction to entertain the suit due to the explicit provisions in Section 84(3) of the Act, and the plaintiffs had already availed themselves of the statutory remedies. The parties were ordered to bear their own costs throughout the proceedings.