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Issues involved: Interpretation of Tariff Entry 15A(2) of the Central Excises and Salt Act, 1944 in relation to metallic yarn manufactured by the respondent and applicability of duty rates.
Judgment Summary: Issue 1 - Interpretation of Tariff Entry 15A(2): The Supreme Court agreed with the Gujarat High Court's decision that the metallic yarn produced by the respondent, made of metallized polyester from laminated plastic sheets, falls under Tariff Entry 15A(2) of the Act. This specific entry covers articles made of plastics in various forms, including strips, and attracts a lower duty rate compared to the general Tariff Entry 18 related to rayon and synthetic fibers. The Court emphasized that when an article fits within a specific entry like 15A(2), it must be excluded from the general entry 18. The judgment upheld the High Court's reasoning on this matter. Issue 2 - Dismissal of Appeals: The appeals were dismissed by the Supreme Court, affirming the decision of the High Court. The Court ordered the appellants to bear the costs of Rs. 500/- for each appeal and directed that the bank guarantees provided by the respondents be discharged. In conclusion, the Supreme Court upheld the interpretation of Tariff Entry 15A(2) for metallic yarn production and dismissed the appeals while imposing costs on the appellants and discharging the bank guarantees.
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