1985 (8) TMI 76 - HC - Central Excise

Summary

Issues:
1. Interpretation of excise duty classification for cotton fabrics woven out of bleached and/or dyed yarn.
2. Determination of whether fabrics woven out of bleached/dyed yarn qualify for excise duty under Item 10(a) and (b) or under Item 5(a) and (b) in the second Table of the notification.
3. Assessment of whether fabrics woven out of bleached/dyed yarn are considered as processed fabrics or grey fabrics for excise duty purposes.

Analysis:
The appeal considered the classification of cotton fabrics woven out of bleached and/or dyed yarn for excise duty under specific items of the notification. The key question was whether such fabrics should be taxed under Item 10(a) and (b) or under Item 5(a) and (b) in the second Table. The respondent received such fabrics and subjected them to calendering shrink proofing, clearing them under Item 10(a) and 10(b of the Table. However, the Superintendent of Central Excise contended that duty should be levied under Items 5(a) and (b) instead. This led to a notice for re-assessment and a demand for differential duty, which was challenged by the respondent through a writ petition.

The Single Judge, in the initial order, held that fabrics woven out of bleached and/or dyed yarn should be classified as processed fabrics rather than grey fabrics. The Judge referred to textile manufacturing literature, highlighting advancements in technology allowing yarn to be bleached/dyed before weaving into fabrics. The Judge ruled in favor of the respondent, quashing the demand. The Revenue challenged this decision in the writ appeal.

During the appeal, the Revenue argued that for fabrics to be classified under Item 10(a) and (b), it must be shown that bleached and/or dyed fabrics entered the factory, not just yarn. The Revenue emphasized the definition of 'grey goods' from a textile encyclopedia, suggesting that dry or wet finishing operations determine if fabrics are grey. The Revenue contended that fabrics woven from bleached/dyed yarn do not automatically become bleached/dyed fabrics.

The Court rejected the Revenue's argument, stating that fabrics woven from bleached/dyed yarn need not undergo further bleaching/dyeing to be classified as such. An affidavit from a textile processing manager supported this claim, stating that such fabrics are recognized as bleached and/or dyed. The Court emphasized that commercial recognition of goods is crucial for classification. It upheld the Single Judge's decision, dismissing the writ appeal and affirming that fabrics woven from bleached/dyed yarn should be taxed under Item 10(a) and (b) as processed fabrics, not grey fabrics under Item 5(a) and (b).