2001 (8) TMI 449 - AT - Central Excise

Summary

Issues:
1. Waiver of deposit of duty, penalty, and redemption fine for certain firms.
2. Duty demand on firms for affixing customer brand names on bobbins.
3. Duty demand on twisting yarn by one unit of a firm.
4. Interpretation of twisting and doubling of yarn for duty imposition.

Issue 1:
The judgment pertains to applications for waiver of deposit of duty, penalty, and redemption fine by various firms. The Counsel for the applicants and the departmental representative were heard. Two firms, Mahesh Texturisers Ltd. and Somani International, were required to pay duty as they affixed customer brand names on bobbins. The Counsel acknowledged the duty demand and agreed to pay within a month, leading to the waiver of penalties and redemption fine.

Issue 2:
Mahesh Texturisers Ltd. and Somani International faced duty demands for not being entitled to the benefit of a specific notification due to affixing customer brand names on bobbins. The Counsel for the applicants referred to a Tribunal decision and agreed to pay the demanded duty within a month, resulting in the waiver of penalties and redemption fine.

Issue 3:
One unit of a firm faced duty demand for twisting yarn without paying duty on the twisting process. The unit claimed the benefit of a notification exempting doubled or multifolded yarn from duty. The Commissioner confirmed the duty demand, citing that the yarn remained single twisted and not doubled, leading to duty imposition and penalty.

Issue 4:
The judgment analyzed the interpretation of twisting and doubling of yarn for duty imposition. The Commissioner's reasoning was scrutinized, highlighting discrepancies in determining whether twisting constituted doubling. Various textile references were cited to support the argument that twisting two yarns together amounts to doubling, contrary to the Commissioner's decision. The judgment concluded that the twisting process employed by the firm did constitute doubling, warranting no deposit of duty and penalty, and staying their recovery. The prayer for early hearing was accepted, scheduling appeals for a specific date.