2005 (2) TMI 584 - AT - Central Excise

Summary

Issues:
- Whether the Socks manufactured are entitled to the benefit of Notification No. 6/2002.

Detailed Analysis:
The appellants contended that Socks should be considered clothing accessories under Notification No. 6/2002, which provides nil rate of duty for certain items. They argued that the term "including" in the notification implies a non-exhaustive list, covering items similar to those listed. They cited a previous Tribunal decision to support their interpretation. On the other hand, the Revenue argued that socks are not explicitly listed in the notification, which specifies items eligible for the duty exemption. The Revenue maintained that socks fall under a separate Tariff sub-heading not covered by the notification.

The Central Excise Tariff Act classifies clothing accessories under Heading 61.02, which includes socks among other items. However, the specific Notification at Sl. No. 153 lists various clothing accessories eligible for exemption but does not mention socks. The Tribunal noted that the notification only covers items like handkerchiefs, gloves, shawls, scarves, etc., and excludes socks and stockings. As socks are not explicitly included in the notification, the Tribunal concluded that the appellants are not entitled to the benefit of the exemption. The Tribunal distinguished the present case from the precedent cited by the appellants, emphasizing that socks, as per the Tariff Heading, are intentionally omitted from the scope of the notification.

In conclusion, the Tribunal found no merit in the appeal filed by the appellants regarding the entitlement of socks to the benefit of Notification No. 6/2002. The decision was based on the clear distinction between the items listed in the notification and the specific exclusion of socks from the scope of the exemption. Therefore, the appeal was dismissed, upholding the denial of the benefit to the appellants.