2008 (8) TMI 121 - HC - Central Excise

Whether the article sewing thread is a product which comes into existence by way of manufacturing from doubled and multi fold yarn and therefore, is not governed by exemption Notification No.84/95-C.E. dated 1995- held that sewing thread is the product, which is a yarn, subjected to winding, and/or reeling - In that view, held that, the goods manufactured are very much governed by the exemption notification No.35 of 1995 dated 16.3.1995, as amended by notification No.84 of 1995

Summary

Issues:
1. Interpretation of exemption Notification No. 35/95-C.E. dated 1995 for sewing thread production.
2. Impact of the introduction of Chapter Note in Chapter 55 w.e.f. 26.5.1995 on manufacturing activities.

Analysis:

Issue 1: Interpretation of exemption Notification No. 35/95-C.E. dated 1995 for sewing thread production:
The appeal was filed by the revenue against the Tribunal's order dismissing their appeal regarding the duty demand for sewing thread of polyester staple fiber. The Commissioner's order dated 26.8.2002 determined duty demand for two periods: 1.3.1994 to 17.5.1995 and 18.5.1995 to 7.11.1995. For the first period, duty was held demandable as the project was not exempt from excise duty. However, for the subsequent period, Notification No. 35 of 1995 was amended by Notification No. 84 of 1995, covering specified processes of all yarns under Chapter 55 for exemption. The Tribunal found the assessee entitled to the benefit of this amendment, setting aside the demand for that period and related orders.

Issue 2: Impact of the introduction of Chapter Note in Chapter 55 w.e.f. 26.5.1995 on manufacturing activities:
Two appeals were filed before the Tribunal, one by the revenue for the period 18.5.1995 to 7.11.1995 and the other by the assessee for the period 1.3.1994 to 17.5.1995. The assessee's appeal was allowed by the Tribunal, emphasizing that during the period in question, the activity did not amount to manufacture as per the Chapter Note introduced in Chapter 55 w.e.f. 26.5.1995. The controversy in the present appeal focused on the subsequent period from 18.5.1995 to 7.11.1995. The Tribunal found the issue settled by a previous judgment and upheld the impugned order.

In conclusion, the Court analyzed the exemption notifications and found that the product of the assessee, being a yarn subjected to winding and/or reeling, was governed by the exemption Notification No. 35 of 1995 as amended by Notification No. 84 of 1995. Therefore, the first question was answered in favor of the assessee, leading to the dismissal of the appeal by the Court.