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Issues:
1. Whether processing of twisting and doubling of yarn amounts to manufacture for excise duty purposes. Analysis: The case involved a dispute regarding the classification of twisted and doubled nylon yarn for excise duty purposes. The petitioner processed nylon yarn by twisting and doubling it on a special machine without undergoing any physical or chemical changes, maintaining its original characteristics. The Central Board of Excise and Customs issued a notification classifying twine and rope made from nylon yarn under Tariff Item No. 68, which attracted excise duty. The petitioner disagreed with this classification, citing that the product should be covered under TI 18(i)(a) of the Central Excises and Salt Act, 1944. The petitioner contested the duty imposed on the twisted nylon yarn, arguing that it should not be classified under TI No. 68. The Excise Authorities initiated proceedings for the recovery of excise duty, leading to a series of communications between the petitioner and the authorities regarding the classification and payment of duty. The petitioner relied on a decision of the Bombay High Court in a similar case to support their contention against the duty imposed. The High Court analyzed the legal aspects of the case, considering the definition of manufacture under the Central Excises and Salt Act, 1944. Referring to previous Supreme Court judgments, the court emphasized that for a process to amount to manufacture, it must result in the creation of a new and distinctive article with a distinct use, character, and name in the market. The court highlighted that no duty can be charged on twisting or doubling of yarn if it does not undergo a change to become a new or distinctive article. Citing the decisions in Garware Nylons Ltd. and Banswara Syntex Ltd. cases, the High Court reiterated the principle that the burden of proof lies on the taxing authorities to show that a particular item is taxable as claimed. The court emphasized that if an article reasonably falls under a specific item in the Tariff Schedule, it should not be denied that classification and consigned to a residual clause. Based on these legal principles and precedents, the High Court concluded that the duty imposed on the twisted nylon yarn was not justified, setting aside the impugned order and allowing the writ petitions without costs.
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