Holding

A vessel, including one converted into a transhipper, is deemed "goods" under s.46(1) of the Customs Act and, if primarily intended for use in India, is a good for home consumption requiring a Bill of Entry.

Summary

Chowgule & Co. Private Ltd. and V.S. Dempo & Co. imported second‑hand tankers that were converted into transhippers for topping‑up iron ore at Mormugao harbour. The Customs authorities demanded that the companies file Bills of Entry for the vessels, treating them as "goods for home consumption" under s.46 of the Customs Act, 1962. The companies argued that, being ocean‑going vessels, they were not "goods" within the meaning of s.46 and therefore exempt from filing Bills of Entry. The Supreme Court examined the definition of "goods" in s.2(22) of the Customs Act, the purpose of the levy of customs duty, and the primary intended use of the vessels upon arrival in Indian waters. It held that the definition expressly includes vessels, and that the vessels, although capable of ocean‑going voyages, were primarily intended for use as transhippers in Indian territorial waters, making them "goods for home consumption". Consequently, the Court affirmed that Bills of Entry were required and dismissed the appeals.

Issues considered

The meaning of "goods" under s.46(1) of the Customs Act, 1962 and whether it includes vessels.
Whether a vessel converted into a transhipper and primarily used for topping‑up operations in Indian waters qualifies as an ocean‑going vessel for customs purposes.
Whether the primary intended use of the imported vessels determines their classification as goods for home consumption requiring a Bill of Entry.

Legislation cited

Customs Act, 1962s. 12, s. 15(c), s. 46
Indian Tariff Acts. First Schedule Item 76(1)
Merchant Shipping Act, 1958s. 406
Sea Customs Act, 1878s. 23

Subjects

Customs dutyBill of EntryDefinition of goodsVessel as goodsTranshipperHome consumptionCustoms Act interpretationOcean‑going vessel

Judgment

CHOWGULE & CO. PRIVATE LIMITED ETC.
A
v.
UNION OF INDIA & ORS.
~---t
FEBRUARY 19, 1987

[O. CHINNAPPA REDDY AND S. NATARAJAN, JJ.] B

Customs Act, 1962--Sections 12, 15 (c) and 46--'Vessel' whether
,;
'goods'-'Goods for home consumption'-Determination of for pur-
t poses of levy of customs duty-'Vessels' brought to India for topping up
operations in Mormugao harbour-Whether ocean going vessels-
Necessary to present Bill of Entry.
~r c
'Vessel'-'Goods for home consumption'-Meaning of.

. 1 The appellants in Civil Appeal No. 179 of 1985 carry on business of
exporting iron ore to various conntries. Previously iron ore used to be
brought to the harbour from various mines by barges and unloaded in D
the harbour. Thereafter, the iron ore could be loaded on board ocean
going ore carriers. Alternately, they could t~ directly unloaded in stream
into the ocean going ore carriers. Shallow draught of the harbour pre-
vented large ocean going ore carrying vessels from entering the harbour
or from having iron ore loaded to full capacity on such vessels within the
> -4 harbour and considerable time was wasted in the loading process result- E
ing in substantial increase of the transporting cost. The appellant Com-
pany, therefore, conceived the idea of acquiring a "Transhipper" into
- which barges could unload iron are and from which large quantities
thereof could be loaded into large vessels in open anchorages, a process
described as "topping up". The appellant Company after obtaining
.... necessary permission from the Government of India for purchasing a F
second hand vessel for use as a topping up vessel at Mormugao harbour
. \- for iron ore exports, acquired a second hand tanker, had it converted as a
transhipper and obtained "A certificale of Condition." On the arrival of
the vessel in the harbour the Deputy Conservator of the harbour was
informed that "this is an old 72 Tanker converted and equipped to do the
work of topping up of the bulk carriers after they are loaded at the G
mechanic plant to the permissible draught." The appellant Company
then applied to tbe Government of India for the issue of "General
~ Licence" under s.406 of the Merchant Shipping Act, 1958 stating that the
general licence was sought to ply the vessel 'for topping purposes in
stream at Mormugao harbour'. Licence was granted by the Government
of India "(a) for topping up purposes in stream at any Indian port; (b) H
351
352 SUPREME COURT REPORTS [1987] 2 S.C.R.

for trading on coast; and (c) for a period of 5 years from March 5, 1970 to
A March 4, 1975". The appellant Company also informed the Assistant
Collector of Customs about the acquisition of the vessel 'Maratha Trans-
hipper' for "the purpose of uptopping large size bulk carrier in stream"
stating that they would be operating the ship within the port limits, that
she would serve as a sea barge, that normally she would take cargo
B coming by barges with the help of her own equipment and storing in her
own hatches and thereafter she would go along side bulk carriers and
transfer the ore from her bolds into the bulk carriers. Subsequently, it
was also informed that transhipper was registered as a "home trade
vessel" and it was capable of three types of operations namely, (a) load
herself in stream in river barges; (b) up-top another vessel by using the
cargo from her own batches; and (c) up-top another vessel by using the
c cargo from barges which go along side Maratha Transhipper. Thus, "the
Maratha Transhipper" possessed all the certiflcates prescribed by the
Merchant Shippii.g Act and other Maritime Laws to enable her to ply the
oceans.

D The Assistant Collector of Customs asked the appellant Company
to file a Bill of Entry for stores on board the vessel and for clearance of
the vessel for home consumption. On query being made by the appellant
Company as to under what provisions of the law they were required to
file the Bill of Entry, the Assistant Collector replied stating: "the func·
lion of the vessel 'S.S. Maratha Transhipper' is in the nature of sea barge.
E operating within the port limits. Such operations are reserved to the
vessles imported for home consumption." The Assistant Collector of
Customs issued a notice to the appellant Company to show cause why the
Bill of Entry was not tiled. After the reply to the notice was sent and a
personal hearing was granted to the Company, the Assistant CoUector
made an order requiring the company to file a Bill of Entry for home
F consumption. This order was confirmed by the Appellate CoUector. The -! .
orders of the Assistant CoUector and the AppeUate CoUector were
questioned in a writ petition. A Single Judge allowed the petition but on
appeal a Division Bench set aside the order of the Single Judge and
dismissed the petition holding that a vessel was 'goods' within the mean·
ing ofs.46 of the Customs Act.
G
The vessel in C.A. No. 4427 of 1985 was an ocean going merchant ~
vessel engaged in foreign and coastal trade in India and various foreign
countries. The appeUant acquired the vessel from the previous owner and
obtained the permission of the Government to have it converted as a
Transhipper. After the vessel arrived at Mormugao Port, the Customs
H Authorities demanded that a Bill of Entry should be filed. Thereafter the
CHO'WGULE & CO. v. U.0.1. 353

same story followed as in the other case.
A
In the appeal to this Court on behalf of the appellant it was con-
tended: (1) that the scheme of the Customs Act show that a vessel was not
'goods' within the meaning of s.46(1) of the Act and therefore, it was not
necessary to me a Bill of Entry; (2) that it was also the case of the
Government of India that an ocean goirg vessel was not required to file a B
Bill of Entry and that the vessels in question were ocean going vessels
.. I notwithstanding that their main purpose was topping up bulk carriers;
(3) that the Division Bench was wrong in refusing to go into the question
whether or not the vessels were ocean going vessels when that was the
... _,,.- very basis of the orders of the Customs Authorities as well as the judg-
ment of the Single Judge, and (4) that notwithstanding the definition, the
scheme of Chapters VI and VU of the Cust.!'ms Act and the context in
c
which the expression 'goods' is used in s.46 of the Act require the expres-
. i sion to be interpreted for the purpose of s.46(1) as excluding the vessel,
aircrafts or vehicles.

On behalf of the respondent Union, it was contended that the defi- D
nition of the word 'goods' in the Customs Act unambigously included a
vessel, and that in any case the vessels in question in both the cases were
Transhippers used for topping up operations in Indian territorial waters
and could not claim to be classified as ocean going vessels.

Dismissing the appeals, E

HELD: 1. Section 46(1) of the Customs Act, 1962 require the im-
porter of goods for home consumption or warehousing to present to the
~-- appropriate officer a Bill of Entry in the prescribed manner. The ques-
tion is whether the v~els in the instant cases are goods brought into
India for home consumption and whether a transhipper is an ocean going F
vessel? By def"mition a vessel, aircraft or vehicle is included among goods
vide s.2(22). [364E-G]

2. If a vessel, aircraft and vehicle are required to be excluded from
the meaning of the expression 'goods' in s.46(1), then what other purpose
, was to be served by the inclusive def"mition of the expression which expre- G
ssly brought within its shadow 'vessel, aircraft and vehicle'. There is no
provision in the Act into which the inclusive definition could be read. The
Court cannot attribute redundance to the legislature particularly in the
case of a definition in a taxing statute. The Court must proceed on the
basis that such a definition is designed to achieve results. [364H; 365A-B]
H
354 SUPREME COURT REPORTS [1987] 2 S.C.R.

3. Under s.12 of the Customs Act what are dutiable are goods
A imported into or exported from India and if goods are defined to include
vessels, aircrafts and vehicles, it must be taken that the object of the
y--
inclusive definition was to bring within the net of taxation vessels,
aircrafts and vehicles which are imported into India. Section 46(1) is a
prelude to the levy of duty or a fU"St step in that direction. It must,
B therefore, follow as a necessary sequitur that vessels, aircrafts and vehi-
cles are 'goods' for the purpose of s.46(1). Any other interpretation may
lead to most anomalous results. [36SB-C]

4. Under s.15 of the Act the rate of duty and tariff valuation in the
case of goods entered for home consumption under s.46 shall be as on the
C date when the Bill of Entry is presented, in the case of goods cleared from
a warehouse under s.68 as on the date on which the goods are actually
removed from the wareho0se and in the case of any other goods as on the
date of payment of duty. [36SD· E]

5. Goods which are entered for home consumption under s.46 and
D goods which are warehoused are naturally goods which are openly im-
ported into India without concealment. The expression 'other goods'
mentioned in s.lS(c) is obviously meant to cover other imported goods
such as goods imported clandestinely and goods which have otherwise
escaped duty. [365E]
f--..
E 6. It may be that in s.46(2) and elsewhere the word 'goods' is used '
in such a way as not to include and as contradistinguisbe<I ·from the
conveyances in which the goods are carried, depending upon lhe context. -
But that does not mean that despite ihe defmition, the word is never to be
understood as defmed and that it should always be interpre!l'd as never to ~
include vessels, aircrafts and vehicles even when there i• nothing in the
F context justifying from exclusion. Therefore, there is no justification for i
holding that a vessel is not 'goods' for the purposes of s.46(1). [366B-D I

7. 1n both the instant cases, undoubtedly the vessels are not only
capable of being used but are used as cargo ships to carry cargo from one
Indian port to another or sometimes to foreign ports, necessarily going
G out on the high seas. They are structurally and technically competent to '<
go on the high seas an<! they have been certified to be so competent by h
appropriate maritime authorities. When because of inclement monsoon
weather topping up operations cannot be done the vessels do go out into
the open sea sometimes from one Indian port to another and at other
times to foreign ports. Even in the course of topping up operations during
H the fair season, the transbippers go into the open sea to reach the bulk
CHOWGULE & CO. v. U.0.L 355

carriers. But these operations do not make these vessels ocean going
vessels when their primary purpose is to conduct topping up operations A
in Indian territorial waters. [366F-H; 367A-B]

8. It is clear from the material placed before the Court that both
the vessels, were originally ocean going vessels, that they were converted
as transhippers for the purpose of topping up iron ore at Mormugao B
harbour and that they traversed the open sea to reach Mormugao. At the
time they entered the territorial waters at Mormugao it was distinctly
understood and intended that the vessels were to he primarily used for
topping up operations at Mormugao. If ocean journeys were to he under-
taken either they were incidental to the primary purpose of topping up
hulk carriers at Mormugao or they were occasionally undertaken when
topping up operations were not possible during the inclement monsoon c
season. [3670-F]

9. For the purpose of levy of Customs Duty, in order to determine
whether any imported goods are 'goods for home consumption' it has to
be found out what the primary intended use of the goods was when the D
goods are brought to Indian territorial waters. If the goods are intended
to he primarily used in India they are "goods for home consumption"
notwithstanding that they may also he used for the same or other
purposes outsi~e India. The vessels, in these two cases were brought to
India to he used primarily as transhippers at Mormugao, though used
incidentally or occasionally to go into the open sea. They are, therefore, E
"goods for home consumption" and not ocean going vessels for the
purpose of Customs Act. After their conversion they were no longer
ocean going vessels, in the full sense of the term that is in the sense that
their predominant purpose was use as ships traversing open seas. It was,
therefore, necessary to present Bills of Entry in respect of both the
vessels. [367G-H; 368A-C] F

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 179
of 1985.
I.:
From the Judgment and Order dated 13.12.1.984 of the Bombay
High Court in Appeal No. 273 of 1979. G

WITH

Civil Appeal No. 4427 of 1985.

From the Judgment and Order dated 19.4.1985 of the Bombay H
356 SUPREME COURT REPORTS [1987] 2 S.C.R.

. A High Court in Special Civil Appln. (Writ Petition) No. 186of1982.
' )-•
A. Setalvad, P.H. Parekh, M. Korde and Manohar for the I
Appellants in C.A. No. 179 of 1985.
Soli J. Sorabjee, A. Vachher, S.K. Mehta, Bomi M. Usgaocar,
B _M.K. Dua and Uday U. Lalit for the Appellants in C.A. No. 4427 of
1985. .
M.S. Rao, A.S. Rao, C.V. Subba Rao and P. Parmeshwaran for
the Respondents.

The Judgment of the Court was delivered by
c CHINNAPPA REDDY, ,J. The principal questions raised in the
two appeals are the same and we are, therefore, disposing of both the t- ,
appeals by a common judgipent. There are, however, some points of
difference which we shall mention in the course of the narration of
facts.
D In Civil Appeal No. 179 of 1985, Chowgule & Co. Private
Limited are the appellants. Tuey carry on the business of exporting
iron ore to various countries from India. It appears that previously
iron ore used to be brought to the,Mormugao harbour from various
mines in the territory of Goa by barges and unloaded in the harbour. ...._,
Thereafter, the ore would be loaded on board ocean going ore car-
E riers. Alternately, they would be directly unloaded in stream into the
ocean going ore carriers. On account of the shallow draught of the
Morrnugao harbour which prevented large ocean going ore carrying
vessels from entering the harbour or from having iron ore loaded to
~
full capacity on such vessels within the harbour, considerable time was
wasted in the loading process resulting in substantial increase of the
F cost of transporting iron ore from Morrnugao. Therefore, in about +-
1967, the appellant company conceived the idea of acquiring a 'trans-
hipper' into which barges could unload iron ore and from which large
quantities of iron ore could be loaded into large vessels in open an-
chorages. Such a transhipper would have to be specially fitted with
special and adequate equipment to carry out those tasks. The opera- :
G tion of loading a vessel in open anchorage by the use of transhippers is
described as 'topping up'. On July 26, 1967, the appellant Company
applied to the Government of India, Ministry of Transport and Ship-
r.
ping, for necessary permission for ''.purchasing a second hand vassel of
about 15000 DWT for use as a topp~ng up vessel at Mormugao harbour
for iron ore exports." By their ldtter dated January 16, 1968, the
H
Government of India granted their permission subject to certain con-
'

CHO\\GULE & CO. v. U.0.1. [REDDY, J.] 357
I ditions regarding foreign exchange etc. Thereafter the appellant com-
pany acquired a second hand tanker called "The Tropical Grace" and A
had it converted at the Yokohoma Shipyard in Japan as a transhipper.
"A certificate of Condition" in respect of the vessel was given by
BUREAU VERITAS. Among the main characteristics of the vessel, it
was mentioned in the certificate, "The Vessel originally a T 2 Tanker
was converted into an ore loading barge at Yokohoma by Nippon, KK, B
I
Asano Dockyard from April to September 1969 under the supervision
+ of our society." It was further certified as follows:

"The vessel will be entered into the Marine Register Book
of BUREAU VERITAS with the following class and nota-
tion mark: 1 3 3 Ore Carrier, Small Coasting Trade starting
from September 1969, for a period of four years. The vessel c
will be mainly employed as an ore loading barge in the
Harbour of Goa (India), with the possibility to extend her
exploitation in certain periods of year, as a bulk carrier for
small coasting trade.
D
As a result of the afore~aid surveys for conversion
and reclassification, the undersigned believes that S/S
"TROPICAL GRACE" is at present time in a position to
undertake the self-propelled voyage from YOKOHOMA
to GOA."
E
The vessel arrived in the harbour of Mormugao on or about October
15, 1969. The Deputy Conservator, Mormugao Goa Port Trust,
Mormugao harbour was informed on the same day about the arrival of
the vessel and it was stated in the letter, "this is an old 72 Tanker
converted and equipped to do the work of topping up of the bulk
carriers, after they are loaded at the mechanic plant to the permissible F
draught." On October 20, 1969, the petitioner company applied to the
Government of India for the issue of 'General Licence' under s.406 of
the Merchant Shipping Act, 1958. It was stated that the general licence
was sought to ply the vessel 'for topping purpose in stream at
Mormugao harbour'. The name of the ship was also changed to
'Maratha Transhipper'. Licence was granted by the Government of G
India for use of the vessel for "topping up purposes in stream at
Mormugao, Kandla, Bombay and Madras for a period of five years".
It appears that this licence was later amended and the purposes for
which the licence was granted was treated as "(a) for topping up
purposes in stream at any Indian Port; (b) for trading on coast; and (c)
for a period of five years from March 5, 1970 to March 4, 1975." On H
'
358 SUPREME COURT REPORTS [1987] 2 S.C.R.

November 29, 1969, the petitioner company informed the Assistant
A
Collector of Customs, Custom House, Mormugao harbour about the l
acquisition of the vessel Mara th a Transhipper (earlier Tropical Grace)
for "the purpose of up-topping large size bulk carrier in stream". It was
stated that they would be operating the ship within the port limits and
that she would serve as a sea barge. It was also stated that normally she
B would take cargo coming by barges with the help of her own equip-
ment and storing in her own hatches to the extent of 15000 tonnes and t
thereafter she would go alongside bulk carriers and transfer the ore
from her holds into the bulk carriers. This letter was followed by
another letter dated November 29, 1969 in which it was stated that S.S. -.{
Maratha Transhipper was registered as a "home trade vessel" and that
it was capable of three types of operations:-
c
(a) load herself in stream in river barges

(b) up top another v~ssel by using the cargo from her own
hatches; (c) up-top another vessel by using the cargo
D from barges which go alongside Maratha Tran shipper.

We may also add here that 'The Maratha Transhipper' possesses all
the certificates prescribed by the Merchant Shipping Act and other
Maritime Laws to enable her to ply the oceans.

E On December 31, 1969, the Assistant Collector of Customs,
Morrnugao asked tbe appellant company to file a Bill of Entry for
stores on board the vessel, 'Maratha Transhipper'. This was followed
on February 6, 1970 by another letter from the Assistant Collector
asking the appellant company to file a Bill of Entry for clearance of the
vessel 'Maratha Transhipper' for home consumption immediately. The
F appellant company by their letter dated February 19, I 970 requested
the Assistant Collector to enlighten them as to the relevant provisions
of the law under which they ~ere required to fill in the Bill of Entry in
respect of the vessel which. they said the Customs Department was
aware was an ocean going vessel. The Assistant Collector replied stat-
ing, "The function of the vessel s.s. 'Maratha Transhipper' is in the
G nature of a sea barge operating within the port limits. Such operations
are reserved to the vessels imported for home consumption." The
company was requested to file the Bill of Entry for home consumption
immediately. Thereafter there was some correspondence between the
company and the Customs. On April 23, 1970, the Assistant Collector
of Customs issued a notice to the appellant company asking them to
H show cause why the Bill of Entry was not filed in respect of the vessel
CHO\\GULE & CO. v. U.0.1. {REDDY, J.] 359

S.S. 'Maratha Transhipper' which was imported by the company on
October 15, 1969 for the purpose of carrying out topping operations A
within the port limits. The company sent a reply to the notice. A
personal hearing was also granted to the company. Thereafter on May
22, 1970, the Assistant Collector made an order requiring the company
to file a Bill of Entry for home consumption in respect of the vessel
'The Mara th a Transhipper'. The order of the Assistant Collector was B
confirmed by the Appellate Collector on July 23, 1970. The Orders of
the Assistant Collector and the Appellate Collector were questioned
in a writ petition filed in the High Court of Bombay. A learned single
,. r judge of the High Court allowed the writ petition but on an appeal
under the Latter Patent a Division Bench of the High Court holding
that a vessel was goods within the meaning of s.46 of the Customs Act,
allowed the appeal and dismissed the writ petition, The company c
having obtained special leave of this court under Art. 136 of the Con-
stitution, the appeal is now before us.

The facts in Civil Appeal No. 4427 of 1985 are some what diffe-
rent. The vessel in question in this appeal, "Priyamvada" was origi- D
nally called 'Jagatswamini'. Jagatswamini was an ocean going
merchant vessel engaged in foreign and coastal trade in India, the
United Kingdom, the continent, Japan,. North America, South
America and Australia. V.S. Dempo & Co. Private Limited, the
appellant in Civil Appeal No. 4427 of 1985 acquired the vessel from its
previous owner M/s. Dempo Streamship Limited. The appellant com- E
pany obtain :d the permission of the Government to have it converted
as a transhipper. The conversion was effected byM/s. A.G. Weser at a
West German Shipyard. The ship was fitted with added holds on both
sides, cranes, conveyors and ship loading equipments designed for
transfer operations. The vessel was surveyed by Gerrnanischer Lloyd
and German Maritime. International tonnage certificate, Suez Canal F
Tonnage certificate, cargo ship safety certificate, cargo ship safety
equipment certificate, international load lines certificate and classifi-
cation certificate were all issued. The vessel arrived at Morrnugao Port
on September 26, 1982. The Customs Authorities demanded that a Bill
of Entry should be fi!ed. Thereafter the.same story followed as in the
other case. G

The main submissions of Shri Atul Setalvad, the learned counsel
for the appellant in Civil Appeal No. 179 of 1985, whose arguments
were supplemented by Shri Soli Sorabjee, learned counsel for the ap-
pellant in Civil Appeal No. 4427 of 1985, were that the scheme of the
Customs Act show that a vessel was not 'goods' within the meaning of H
360 SUPREME COURT REPORTS (1987] 2 S.C.R.

s.46(1) of the Customs Act and therefore, it was not necessary to file a
A
Bill of Entry, that it was also the case of the Government of India that
an ocean going vessel was not required to file a Bill of Entry and that
the vessel in question was an ocean going vessel notwithstanding that
its main purpose was topping up bulk carriers of Iron ore. It was
submitted that the Division Bench of the High Court was wrong in
B refusing to go into the question whether or not the vessel was an ocean
going vessel when that was the very basis of the orders of the Customs
Authorities as well as the judgment of the learned single judge. On the
other hand, it was submitted by Shri S.Madhusudan Rao, learned
counsel for the Union of India that the definition of the word 'goods'
in the Customs Act unambiguously included a vessel, leaving no scope
for any argument and that, in any case the vessels in question in both
c the cases were principally transhippers used for topping up operations
in Indian territorial waters and could not claim to be classified as ocean
going vessels.

We may now refer to the relevant provisions of the Customs Act.
D Section 2(22) of the Customs Act defines that unless thl context
otherwise requires, "goods" includes-"(a) vessels, air-crafts and
vehicles; (b) stores; (c) baggage; (d) currency and negotiable instru-
me)lts; and (e) any other kind of moveable property''. "Import" is
defined as meaning "bringing into India from a place outside India".
"India" is defined as including "the territorial waters of India''.
E "Imported goods" are defined to mean "any goods brought into India
from a place outside India but not including goods which have been
cleared for home consumption''. "Importer" is defined, "in relation.to
any goods at any time between their importation and the time when
they are cleared for home consumption" as "including the owner or
any person holding himself out to be the importer". "Conveyance" is
F defined to include" a vessel, an aircraft and a vehicle". "Bill of Entry" +-
is defined to mean a "Bill of Entry referred to in s.46''. A "Bill of
Export" is defined to mean a "Bill of Export referred to in s.50." An
"Import Manifest or Import Report" is defined to mean "the manifest
or report required to be delivered under s.30''. "Stores" are defined
to mean '.'goods for use in a vessel or aircraft and includes fuel and
G spare parts and other atticles of equipment ·whether or not for
immediate fitting." '

Section 12 provides for the levy of duties of Customs on goods
imported or exported fro.tiI India. Section 15 provides that the rates of
duty and tariff valuation shall be the rate and valuation in force,-
H
CHO\\GULE & CO. v. U.0.1. !REDDY, J.] 361

"(a) in the case of goods entered for home consumption
A
under section 46, on the date on which a bill of entry in
respect of such goods is presented under that section;

(b) in the case of goods cleared from a warehouse under
section 68, on the date on which the goods are actually
removed from the warehouse; B

( c) in the case of any other goods, on the date of payment
of duty."

Chapter VI of the Customs Act is concerned with "provisions
relating to conveyances carrying imported or export goods", Chapter
VII deals with "clearance of imported goods and export goods'',
c
Chapter VIII deals with "goods in transit" and Chapter IX deals with
"ware-housing". Section 29 to 43 occur in Chapter VI and sections 44
to 51 occur in Chapter VII. Sections 45 to 49 are pealt with under the
heading 'clearance of imported goods' while sections 50 to 51 occur
under the heading of 'clearance of export goods'. Section 29 requires D
the person-in-charge of a vessel or an aircraft entering India from any
place outside India not to cause or permit the vessel or aircraft to call
or land (a) for the first time after arrival in India; or (b) at any time
while carrying passengers or cargo brought in that vessel or aircraft, at
any place other that a customs port or a customs airport, as the case
may be. Section 30 imposes a duty on a person-in-charge of the con- E
veyance carrying imported goods to deliver to the proper officer,
within twenty four hours after arrival, an import manifest in the case of
a vessel or aircraft or an import report, in the case of a vehicle, in the
prescribed form. Section 31 prohibits the master of a vessel from
permitting the unloading of any imported goods un.til an order has
been given by the proper officer granting 'entry inwards' to such ves- F
sel. An 'entry inwards' order is not to be given until an import manifest
has been delivered or unless the proper officer is satisfied that there
was sufficient cause for not delivering it. Section 39 prohibits the mas-
ter of a vessel from permitting the loading of any export goods other
than the baggage and mail bags, until an order has been given by the
proper officer granting 'entry-outwards' to such vessel. Section 41 pre- 0
scribes that an export manifest in the case of a vessel or an aircraft and
an export report in the case of a vehicle should be filed l:Jy the person-
in-charge of a conveyance before the departure of the conveyance
from a customs station. Section 42 prohibits the departure of a con-
veyance which has brought any imported goods or has loaded any
export goods to depart from that customs station without a written H
362 SUPREME COURT REPORTS [1987] 2 S.C.R.

A order of the proper officer. Section 41 provides that the provisions of
sections 30, 40 and 42 shall not apply to a vehicle which carries no ~ •
goods other than the luggage of its occupants. Chapter VII, as we said,
deals with clearance of imported goods and export goods. We are
primarily concerned with s.46 and we consider it necessary to extract
the whole of the section. It is as follows:-
B
"46(1). The importer of any goods, other than goods
intended for transit or transhipment, shall make entry
thereof by presenting to the proper officer a bill of entry for
home consumption or warehousing in the prescribed form:

Provided that if the importer makes and subscribes to
c a declaration before the proper officer, to the effect that he
is unable for want of full information to furnish all the t .
particulars of the goods required under this sub-section,
the proper officer may, pending the production of such
information, permit him, previous to the entry thereof (a)
D to examine the goods in the presence of an officer of
customs, or (b) to deposit the goods in .a public warehouse
appointed under s.57 without warehousing the same.

(2) Save as otherwise permitted by the proper offi-
cers, a bill of entry shall include all the goods mentioned in
E the bill of lading or other receipt given by the carrier to the
consignor.

(3) A bill of entry under sub-section(l) may be pre-
sented at any time after the delivery of the import manifest
or import report as the case may be:
F
Provided that the Collector of Customs may in any
special circumstances permit a bill of entry to be presented
before the delivery of such report:

Provided further that a bill of entry may be presented
G even before the delivery of such manifest if the vessel by
which the goods have been shipped for importation into
India is expected to arrive within a week from the date of
such presentation.

(4) The importer while presenting a bill of entry shall
H at the foot thereof make and subscribe to a declaration as to
/

CHO\\GULE & CO. 1•. U.0.1. [REDDY. J.] 363

the truth of the contents of such bill of entry and shall, in A
support of such declaration, produce to the proper officer
the invoice, if any, relating to the imported goods.

(5) If the proper officer is satisfied that the interests
of revenue are not prejudicially affected and that there was
no fradulent intention, he may permit substitution of a bill B
of entry for home consumption for a bill of entry for ware-
•
,
h_ousing or vice-versa."

Section 47 deals with clearance of goods for home consumption and
- 'r section 49 with storage of imported goods in warehouses pending
clearance. Section 50 requires the exporter of any goods to make an C
entry thereof by presenting to the proper office, a Shipping bill in the
case of goods to be exported in a vessel or aircraft and a bill of export
in the case of goods to be exported by land.

Section 53 makes provision for permitting goods to be transmit-
ted without payment of duty if they are 'mentioned in the import D
manifest as for transmit in the same vessel or aircraft.' Section 54
provides and prescribe the procedure for transhipment of goods with-
out payment of duty. Chapter IX deals with 'Warehousing'. Section 57
provides for warehousing of dutiable goods without payment of duty.
Section 68 provides for clearance of warehoused goods for home con-

- sumption on payment of duty. Section 69 provides for clearance of E
warehoused goods for exportation without payment of import duty if
certain conditions are fulfilled.

The only other important provision requiring to be noticed by us
is Item No. 76(1) of the First Schedule to the Indian Tariff Act which
provides for the levy of 40 per cent ad valorem standard rate of duty on F
"ships and other vessels for inland and harbour navigation, including
steamers, launches, boats and barges imported entire or in sections."
Along with this entry has to be read the exemption granted by G.S.R.
No. 930 which is in the following terms: ·

"In exercise of the powers conferred by sec.23 of the Sea G
Customs Act, 1878, as in ·force in India and as applied to
the State of Pondicherry, the Central Government hereby
exempts ocean going vessles imported into India or the
State of Pondichery, other than vessels imported to be bro-
ken up from, the whole of the duty of customs leviable
thereon, provided that any such vessel if subsequently bro- H
364 SUPREME COURT REPORTS 11987] 2 s. c. R.

ken up shall be chargeable with the duty which would be
A
payable on her if she were imported to be broken up."

In regard to the levy of customs duty the scheme of the Act
appears to be as follows:- Goods which are imported into India, that
is, goods which are brought into India from a place outside India, are,
8 on entry into India, broadly classified into (i) goods entered for home
consumption under sec.46(1)(ii) goods entered for ware-housing also
under sec.46(1)(ii); (iii) goods in transit, and (iv) goods for tranship-
ment. In the case of goods in transit and goods for transhipment duty is
not required to be paid subject to fulfilling the conditions prescribed
by secs.53 54, 55 and 56. In the case of these goods there is no need to
present a Bill of Entry. Bill of Entry is necessary and has to be pre-
c sented in the case of goods for home consumption or warehousing:
Goods entered for home consumption are required to· be cleared on
payment of duty. Warehoused goods may be cleared either for home
consumption or exportation on payment of import duty or export duty
as the case may be. Goods entered for home consumption are to be
D subjected to duty at a rate and tariff valuation as on the date of presen-
tation of a Bill of Entry under sec.46 and goods cleared from a
warehouse are to be subjected to duty at a rate and tariff valuation as
on the date of actual removal from the warehouse. Other goods, pre-
sumably goods not disclosed but discovered to be imported or which
have otherwise escaped duty, are to be subjected to duty at a rate and
E tariff valuation as on the date of payment of duty.

Sec.46(1) which we have extracted earlier requires the importer
-
of any goods for home consumption or warehousing to present to the ·';'(
proper officer a bill of entry in the prescribed form. The question,
which arises for consideration, therefore, is whether the vessels in the
F two cases before us are goods brought into India for home consump- -f ~
tion? Mixed up with this.question is the question whether a tranship-
per is an ocean going vessel? We will first consider the question
whether a vessel is goods so as to attract sec.46(1) of the Customs Act.
By definition a vessel, aircraft or vehicle is included among goods, vide
sec.2(22). But, according to S)lri Setalvad, notwithstanding the defini-
G tion, the scheme of Chapters'VI al)d VII of the Customs Act and the
context in which the expression 'goods' is used in sec.46 of the Act ~
require the expression to be interpreted for the purpose of sec.46(1)
as excluding a vessel, aircraft or vehicle. In answer to a direct question
by us, Shri Setalvad confessed that if a vessel, aircraft and vehicle are
required to be excluded from the meaning of the expression 'goods' in
H sec.46(1) of the Act, he was unable to suggest what other purpose was
CHO\\GULE & CO. v. U.O.l. [REDDY. J.] 365

to be served by the inclusive definition of the expression which expre- A
ssly brought within its shadow 'vessel, aircraft and vehicle'. He frankly
stated that he was unable to point out any provision in the Act into
which the inclusive definition 'could be read. We cannot attribute re-
dundance to the legislature particularly in the case of a definition in a
taxing statute. We must proceed on the basis that such a definition is
designed to achieve a result. Under sec.12 of the Customs Act wh.at B
are dutiable are goods imported into or exported from India and if
goods are defined to include vessels, aircrafts and vehicles, we must
l take it that the object of the inclusive definition was to bring within the
net of taxation vessels, aircrafts and vehicles which are imported into
India. It is undisputed and i.ndeed it is indisputable that sec.46(1) is a
prelude to the levy of duty or a first step in that direction. It must, C
therefore, follow as a necessary sequitur that vessels, aircrafts and
vehicles are goods for the purpose of sec.46(1). Any other interpreta-
tion may lead to most anomalous results. Under sec.15 of the Customs
Act, the rate of duty and tariff valuation in the case of goods entered
for home consumption under sec.46 shall be as on the date when the
bill of entry is presented, in the case of goods cleared from a ware- D
house under sec.68 as on the date on which the goods are actually
removed from the warehouse and in the case of any other goods as on
the date of payment of duty. Goods which are entered for home
consumption under sec.46 and goods which are warehoused are natur-
ally goods which are openly imported into India without concealment.
The expression 'other goods' mentioned in sec.15(c) is obviously E
meant to cover other imported goods such as goods imported clandes-
tinely and goods which have otherwise escaped duty.

Now, if a motorcar is brought by road into India from a place
outside India for the purpose of being used in India, what is to be done
with it and what is the point of time with reference to which it is to be F
subjected to the levy of customs duty? Surely, it is not meant to be
subjected to duty as on the date of payment of duty as provided by
sec.15(1)(c), ranking with goods not disclosed but discovered to be
imported. It would be unreasonable to subject the car to the levy of
duty as on the date of payment of duty instead of on the date pre-
scribed by sec.15(1)(a) of the Act, that is, the date on which a bill of G
entry is presented under sec.46 as in tlie case of all other goods entered
for home consumption. Shri Setalvad's submission was based on what
he described as the scheme of Chapters VI and VII of the Act. The
circumstance that in the several provisions contained in Chapter VI,
the reference to 'goods' is to goods which are carried and not the
carriers themselves, is not very material since the chapter itself deals H
366 SUPREME COURT REPORTS [1987] 2 S.C.R.

A with 'conveyances carrying imported or exported goods' and not to
goods which are themselves conveyances, that is, which are either
vessels, aircrafts or vehicles. Going to Chapter VII, Shri Setalvad
particularly drew our attention to Sec.46(2) which speaks of including
in a Bill of Entry the goods mentioned in the bill of lading or other
receipts given by the carrier to the consignor and to the unloading of
B goods referred to in sec.45 and 48 and argued that the reference to
'goods' here could only be to goods carried and not to the carriers
themselves as in Chapter VI. We do not think that we can accept this
contention. It may be that in sec.46(2) and elsewhere the word 'goods'
is used in such a way as not to include and as contradistinguished from
the conveyances in which the goods are carried, depending upon the
C context. But that does not mean that despite the definition, the word is
never to be understood as defined and that it should always be in-
terpreted as never to include vessels, aircrafts and vehicles even when
there is nothing in the context justifying their exclusion. We can see no
justification for holding that a vessel is not 'goods' for the purpose of
sec.46(1).
D
The further question is whether the vessels which have been
converted into transhippers to be used in Indian territorial waters for
topping up bulk carriers, can be said to be vessels for home consump-
tion merely on that account, even though when they entered Indian
territorial waters they came under their own power as ocean going
E vessels and notwithstanding that they are still capable of being used as
ocean going vessels and are in fact so used during the off-season when
it is not practicable to do topping up operations and, for that matter,
even during the fair season when they have necessarily to go into the
open sea to go alongside the bulk carriers in open anchorages. Jn both
the cases before us there can be no donbt that the vessels are not only
F capable of being used but are used as cargo ships to carry cargo from
one Indian port to another or some times to foreign ports, necessarily
going out vn the high seas. They are structural and technically compe-
tent to go on the high seas and they have been certified to be so
competent by appropriate maritime authorities. Instea_d of remaining idle
and getting rusty, during off-season, that is when because of inclement
G monsoon weather topping up operations cannot be done in Mormugao
harbour, the vessels do go out into the open sea sometimes from one
Indian port to another and at other times to foreign ports. Of course,
even in the course of topping up operations during the fair season, it is
necessary for the transhiphers to go into the open sea to reach the bulk
carriers. But, in our view, these operations do not make these vessels
H ocean going vessels when their primary purpose and the purpose for
CHO\\GULE & CO. v. U.0.1. [REDDY, J.] 367

which they were permitted to be purchased and brought to Indian
waters, the primary purpose for which they were licensed and the A
primary purpose for which they are used is to conduct topping up
operations in Indian territorial waters and not to serve as ocean-going
vessels. In the very application that Chowgule and Co. Pvt. Ltd. made
to the Government of India for purchasing the vessel, it was stated that
they wanted to purchase the vessel for use as a topping up vessel at B
Mormugao harbour for iron ore. The permission granted was also for
that purpose. The certificate of condition issued by Bureau Veritas
showed that the vessel was to be mainly employed as an ore loading
barge in the harbour of Goa with the possibility of extending her
'exploitation in certain periods of the year as bulk carrier for small
coasting trade.' Similarly in the case of the other vessel also the appli-
cation of M/s. V.S. Dempos Company Pvt. Ltd. was for the purpose of c
the vessel Jagat Swamini for use as a transhipper. The Government of
India also granted its permission for the conversion of Jagat Swamini
for use as a transhipper at Mormugao port. It is clear from the material
placed before us that both the vessels, the Maratha ha.nshipper and
Priyamavadha were originally ocean going vessels, that they were con- D
verted as transhippers for the purpose of topping ''P iron ore at
Mormugao harbour and that they traversed the open sea from
Yokohoma in Japan and Bremen in Germany respectively to reach
Mormugao. At the time they entered the territorial waters at
Mormugao it was distinctly understood and intended that the vessels
were to be primarily used for topping up operations at Mormugao. If E
ocean journeys were to be undertaken either they were incidental to
the primary purpose of topping up bulk carriers at Mormugao or they
were occasionally undertaken when topping up operations were not
possible at Mormugao during the inclement monsoon season. This
. much is indisputable that though the vessels came on the high seas to
reach Mormugao harbour, they were brought to India primarily for the F
purpose of topping up operations at Mormugao.

In our view, for the purpose of the levy of Customs Duty, in
order to determine whether any imported goods are goods for home
consumption', we have to find out the primary intended use of goods
when the goods are brought into Indian Territorial waters. If the goods G
are intended to be primarily used in India, they are goods for home
consumption notwithstanding that they may also be used for the same
6r other purposes outside India. We guard ourselves against saying
that the converse may be true. The question whether goods not in-
tended to be primarily used in India but used occasionally for short
periods in India also fall within the meaning of the expression 'goods H
368 SUPREME COURT REPORTS [1987] 2 S.C.R.

A for home consumption' has not been examined by us. We have only
considered the question whether goods brought into India for use
primarily in India are goods for home consumption notwithstanding
that they are occasionally or incidentally used outside India. We are
of the view that they are. The vessels, in these two cases, were brought
into India to be used primarily as Transhippers at Mormugao, though
B
used incidentally or occasionally to go into the open sea. They are,

'.
therefore, 'goods for home consumption' and not ocean going vessels
for the purposes of the Customs Act. After their conversion they were
no longer ocean going ves'sels, in the full sense of the term that is in the
sense that their predominant purpose wa~ use as ships traversing the
open seas. It was, therefore, necessary to present Bills of Entry in -~-
c respect of both the vessels.

The learned counsel for the appellants aruged that it has been
the consistent practice of the Customs Authorities not to insist on Bills
of Entry in the case of ocean going vessels. They quoted the statement
to that effect from the counter affidavit filed in Civil Appeal No. 4427
0
of 1985 and cited the example of a number of ocean going. vessels
which had not been required to present Bills of Entry. It may be that in
the case of ocean going vessels, that is, vessels which are primarily
used for traversing the open seas, the Customs Authorities have not
been insisting on Bills of Entry being presented. It may be that the
E vessels mentioned by the Appellants as having been pemiitted to enter
into Indian Territorial waters without Bills of Entry are not primarily
intended to be used in India and that they do answer the discription of
ocean going vessels. We do not have precise information about those
vessels to conclude that the character of those vessels was the same as
the Transhippers with which we are concerned.
F _, .
In the result, both the appeals are dismissed with the costs.

A.P.J. Appeals dismissed.

•'-