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Bombay High Court

THE MUNICIPAL CORPORATION OF GREATER BOMBAYversusM/S. HINDUSTAN PETROLEUM CORPORATION LIMITED

Decided
Disposal
Dismissed

Holding

The additives are not liable to octroi duty under Entry 22(a) of Schedule ‘H’ as they do not fall within any taxable entry prior to the legislative amendment, and the appeal is dismissed.

Summary

The appeal concerned whether chemical additives imported by Hindustan Petroleum Corporation Ltd (HPCL) were subject to octroi duty under Entry 22(a) of Schedule ‘H’ of the Mumbai Municipal Corporation Act, 1888, as petroleum products or their by‑products. The Small Causes Court had held that the additives were not liable to octroi and ordered the Municipal Corporation of Greater Bombay (MCGM) to refund Rs. 72,69,946.84. Both parties admitted that Schedule ‘H’ was amended in 1993 to introduce a residuary entry (Entry E(59) under Group F) and that HPCL had been paying octroi on the additives thereafter. The Court observed that the amendment itself confirms that, prior to the amendment, no entry in Schedule ‘H’ covered the additives, so they could not be taxed under Entry 22(a). Consequently, the Court found no need to examine the parties' arguments on classification or burden of proof. The respondent also disclosed that it had already received a refund of Rs.85,00,000 from the appellant, leaving no further issue. The appeal was therefore dismissed.

Issues considered

  • Whether the chemical additives imported by HPCL fall within Entry 22(a) of Schedule ‘H’ of the Mumbai Municipal Corporation Act, 1888, and are liable to octroi duty as petroleum products or by‑products.

Legislation cited

Subjects

  • octroi duty
  • Schedule H
  • petroleum products
  • tax classification
  • legislative amendment
  • municipal corporation
  • refund

Judgment

                           sumedh                                      904-FA-1005-1989.doc

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                           FIRST APPEAL NO.1005 OF 1989

                      The Municipal Corporation of                   ]
                      Greater Bombay, having its of5ce               ]
                      at Mahanagarpalika Marg, Bori Bunder           ]
                      Fort, Bombay-400001 through the                ]
                      Municipal Commissioner                         ]…Appellant/
                                                                     Org. Respondents

                                    V/s.

                      Hindustan Petroleum Corporation              ]
                      Limited a Company registered                 ]
                      Under the Companies Act and having its       ]
                      registered of5ce at Petroleum                ]
                      House, 17, Jamshedji Tata Road,              ]
                      Churchgate, Bombay -400 020                  ]… Respondent/
                      Org. Appellant
                                     ______________________________________

                      Mr. P. M Patil i/by Ms. Komal Punjabi for the Appellant.
                      Mr. Javeed Hussein a/w Mr. Mubashir Hussein, Mr. Munzir Hussein,
                      Mr. Munibah Iram i/by Hussein and Co. Advocates and Legal
                      Counsels for the Respondent.

                                    _____________________________________________

                                                   CORAM : KAMAL KHATA, J.
                                               RESERVED ON : 5th February 2026.
                                            PRONOUNCED ON : 17th February 2026.

                      JUDGEMENT:

                      1.     The short but signi5cant question that arose for determination

                      in the present First Appeal is whether the chemical additives /

                      additives imported by the Respondent, Hindustan Petroleum

         Digitally
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NAMDEO   SONAWANE
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     sumedh                                     904-FA-1005-1989.doc

Corporation Limited ("HPCL"), are liable to payment of octroi duty

under Entry 22(a) of Schedule 'H' of the Mumbai Municipal

Corporation Act, 1888 ("MMC Act") as "petroleum products" or their

by-products.

2.     The above question was the subject matter of Municipal Appeal

No. 157 of 1988, preferred by the HPCL before the Ld. Additional

Chief Judge, Small Causes Court, Bombay. By its judgment and order

dated 29th July 1989 and 1st August 1989 ("the impugned order"),

the Ld. Small Causes Court held that the additives listed in

Annexure-A to the appeal memo were not liable to payment of octroi

duty as petroleum products or by-products of mineral oil under Entry

22(a) of Schedule 'H' of the MMC Act, and further that they were not

shown to be liable under any other article of the said Schedule.

Consequently, the Ld. Small Causes Court directed the Appellant,

Municipal Corporation of Greater Bombay ("MCGM"), to refund the

octroi duty collected on consignments imported on or after 11 th June

1983, including those on which octroi duty had already been paid by

the HPCL, amounting to Rs. 72,69,946.84/-.

3.     During the course of hearing of the present First Appeal, both

parties have candidly admitted that Schedule 'H' of the MMC Act was

amended in the year 1993, whereby a speci5c residuary entry was



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     sumedh                                             904-FA-1005-1989.doc

introduced under Group F (Residuary) as Entry E(59), covering "All

Articles other than those speci5ed in the preceding entries of the

Schedule 'H' and Schedule 'H-1'". It is also admitted that, pursuant to

the said amendment, the Respondent-HPCL has duly and regularly

been paying octroi duty on the said additives from the year 1993

onwards, until the eventual abolition of octroi by the Government.

4.     In     light   of   the   aforesaid   admitted   position,   the   legal

consequence is unambiguous. The introduction of a speci5c residuary

entry in the year 2002 to cover goods not falling under any

preceding       entry      is    a   clear   and   unequivocal      legislative

acknowledgment that, prior to the said amendment, there existed no

entry in Schedule 'H' under which the said additives could be

subjected to octroi duty. The amended Schedule itself makes it amply

clear that the additives imported by the HPCL did not fall within any

taxable entry including Entry 22(a) prior to the 2002 amendment.

5.     In view of the admitted amendment to Schedule 'H' and the

unequivocal legal position Iowing therefrom, it is neither necessary

nor appropriate to enter into a detailed analysis of the rival

submissions advanced by the learned Advocates for the respective

parties including the contentions relating to the applicability of the

common parlance test, the burden of proof on the taxing authority,



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     sumedh                                        904-FA-1005-1989.doc

or the classi5cation of the additives as petroleum products or their

by-products.   The   amendment     to   Schedule    'H'   is,   by   itself,

determinative of the issue.

6.     Apart from the above, and without this Court having found if

necessary to independently examine or rely upon the reasoning of

the learned Additional Chief Judge, Court of Small Causes, Bombay, it

is nonetheless worthy of note that the learned trial Court, on its own

analysis, arrived at the same conclusion as Iows from the legislative

amendment to Schedule ‘H’. The reasoning and 5ndings recorded by

the trial Court, though not the basis of the present order, reIect a

sound and careful appreciation of the legal position, and the trial

Court deserves commendation for the manner in which it approached

and decided the matter.

7.     The Respondent in the present Appeal has 5led an Af5davit

dated 3rd February 2026 through its authorized representative

Shubham Kumar Jain, whereby it has been admitted on record that

the Respondent has received a refund of Rs.85,00,000/- from the

Appellant. In view of the aforesaid admissions, nothing further

remains in the present Appeal for adjudication, and the Appeal

stands disposed off accordingly.




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     sumedh                                      904-FA-1005-1989.doc

                               :: ORDER ::

i.   The First Appeal No. 1005 of 1989 is dismissed;

ii. There shall be no order as to costs.



                                                 (KAMAL KHATA, J.)




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