1980 (12) TMI 51 - HC - Central Excise

Summary

Issues involved:
The interpretation of Tariff Item 15A in the Central Excises and Salt Act, 1944 regarding the liability of excise duty on plastic bangles manufactured from regenerated monomer purchased from the market or manufactured by the bangle manufacturers themselves.

Summary:

Issue 1: Liability of excise duty on plastic bangles made from regenerated monomer
The petitioners, manufacturers of plastic bangles, challenged a circular issued by the Central Government regarding the exemption of excise duty under Tariff Item 15A for bangles made from regenerated monomer. The Central Excise authorities argued that plastic bangles fall under "articles made of plastics" in Tariff Item 15A. The court analyzed the definition of plastics and the manufacturing process of plastic bangles. It was concluded that since the monomer is not a plastic material but transforms into plastic during the manufacturing process, plastic bangles made from such monomer are not liable to pay excise duty under Tariff Item 15A.

Issue 2: Entitlement to exemption under notification dated May 29, 1971
The court did not address this issue as it ruled in favor of the petitioners on the first issue, stating that plastic bangles made from monomer undergoing polymerization are not subject to excise duty under Tariff Item 15A.

The court allowed both petitions, quashed the impugned orders and notices, and granted a certificate of fitness under Article 133(1) of the Constitution for the respondents to appeal the decision to the Supreme Court due to the national importance of the interpretation of Tariff Item 15A.