KINETIC ENGINEERING LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner No. 1 is a company registered under the provisions of the Companies Act, 1956, and it carries on business inter alia of the manufacture, production, distribution and sale of 'mopeds'. The petitioner No. 2 is the Chairman of the petitioner No. 1 company. At the relevant point of time, the respondent No. 2, Ahmednagar Municipal Corporation, was a Municipal Council, governed and regulated by the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The petitioner No. 1 started manufacturing activity at ahmednagar sometime in the year 1972 and from 1972 to 1977, the petitioners were not required to pay any octroi by virtue of an exemption granted by the then Municipal Council. However, after the year 1977, the then Municipal council commenced levying and collecting octroi from the 1st petitioner under the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 read with the Maharashtra Municipalities (Octroi) Rules, 1968 (for short hereinafter referred to as "the Rules") framed by it under section 321 read with section 105 of the Maharashtra Municipalities Act.

(2.) IT is the case of the petitioner, that for manufacturer of its Mopeds which are sold in the market under the product names, 'kinetic Luna' and 'kinetic TFR', they imported within the area of Ahmednagar Municipal Council, various types of raw materials and components. The petitioners purchased the said components from manufacturers/suppliers and the same were used in the manufacturing process of the 'mopeds'. It is not in dispute that the petitioners do not import Mopeds but only imports its components. The controversy in the present petition pertains to the classification of the components/goods that are imported by the petitioners for manufacture of Mopeds for the purpose of levy of octroi.

(3.) IN regard to the classification of the components of the Mopeds imported into the local area of the Municipal Council, on which octroi is to be levied there was a dispute between the petitioners on the one hand and the municipal Council, on the other hand. In the year 1985 the petitioner was made available current account facility as per the provisions of section 142 of the Act on the terms and conditions mentioned therein and the petitioners have been paying octroi to the 2nd respondent in accordance with the same.