1983 (7) TMI 314 - AT - Central Excise

Summary

Issues: Classification of handkerchiefs under Central Excise Tariff (CET)

Analysis:
1. The issue in this case revolved around the classification and assessment of handkerchiefs manufactured by M/s. Arvind Mills Ltd. The Superintendent of Central Excise classified handkerchiefs under Item No. 68 and assessed them at a rate of 1% from a specific period. The Appellants contended that handkerchiefs should be classified under Item 19 of the CET, which covers 'all other goods not elsewhere specified.' The dispute arose as to whether handkerchiefs should be considered as cotton fabrics falling under Item 19 or as a distinct commodity under Item 68.

2. The Appellants argued before the Tribunal that handkerchiefs should be covered by Item 19 of the CET, emphasizing that the trade and manufacturers have historically treated handkerchiefs as cotton fabrics. They referred to past instructions and rules that classified handkerchiefs as cotton fabrics. Additionally, they pointed out relevant notifications exempting handkerchiefs from additional duties under specific tariff items. The Advocate cited various authorities and precedents to support the contention that handkerchiefs fall within the ambit of Item 19, including references to circulars and judgments that establish the binding nature of certain interpretations.

3. The Tribunal carefully considered the arguments presented by both parties and agreed with the Advocate for the Appellants. The Tribunal held that handkerchiefs should be classified under Item 19 of the CET, noting that this entry does not exclude items like bed-sheets or bedspreads based on the stitching of their ends. Therefore, the Tribunal allowed the appeal, ruling in favor of the Appellants and determining that handkerchiefs are appropriately classified under Item 19 of the Central Excise Tariff.