R B CHEMICALS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners imported 50-U metric tonnes of P.V.C. (Poly Vinyl Chloride) from Kores. The goods arrived by vessel s.s. Morning Park, in October 1982. The petitioners presented 15 bills of entry for home consumption, all dated 26th October, 1982. The Customs Authorities purported to levy, what was then known as countervailing duty (now called additional duty) at the rate of 5% on the countervailing duty of 35% payable on these goods. The countervailing duty of 35% ad valorem was charged in view of a similar rate of duty payable on these goods under the Central Excise Rules, 1944 read with an Exemption Notification of 28-2-1982.

(2.) Under the Exemption Notification bearing no. 55/82 and dated 28-2-1982, it is provided as follows:

(3.) Under the Finance Act, 1982 under section 50 special duties of excise have been levied. Under section 50 in the case of goods chargeable with a duty of excise under the Central Excises Act, there shall be levied and collected a special duty of excise equal to ten percent of the amount so chargeable on such goods.