1980 (2) TMI 85 - HC - Central Excise

Paper maker s felts are textile fabrics - Classification - Opinion of Indian Standards Institute - Significance

Summary

Issues Involved:
1. Classification of paper maker's felts (woollen and cotton) under the Central Excises and Salt Act, 1944.
2. Applicability of the common parlance test in interpreting tariff items.
3. Validity of the petitioner's reliance on previous judicial decisions.
4. The role of affidavits and expert opinions in determining the classification.

Detailed Analysis:

1. Classification of Paper Maker's Felts:
The primary issue was whether paper maker's felts (woollen and cotton) manufactured by the petitioner could be classified as cotton fabrics or woollen fabrics under Entry Nos. 19 and 21 in the First Schedule of the Central Excises and Salt Act, 1944. The petitioner argued that these felts, used only for industrial purposes, should not be classified as fabrics. The respondents contended that these felts were indeed fabrics as per the definitions provided in the tariff items.

2. Applicability of the Common Parlance Test:
The petitioner contended that the classification should be based on the common parlance test, which means the understanding of the term by those dealing in the goods in the commercial sense. The petitioner relied on several Supreme Court decisions, including Commissioner of Sales Tax, U.P. v. M/s S.N. Brothers and Dunlop India Ltd. v. Union of India, to argue that the meanings given to commodities in fiscal statutes must align with the trade and commerce understanding. The respondents did not contest this legal proposition but argued that the Supreme Court had already settled the interpretation of 'fabric' in the context of woven materials.

3. Validity of the Petitioner's Reliance on Previous Judicial Decisions:
The petitioner heavily relied on the Supreme Court decision in Union of India and others v. Gujarat Woollen Felt Mills, where it was held that non-woven woollen felt could not be classified as woollen fabric under Item 21. However, the respondents pointed out that the Supreme Court had clarified in Porritts & Spencer (Asia) Ltd. v. State of Haryana that woven felts are indeed considered fabrics. The court noted that the Supreme Court had established that "dryer felts are clearly woven fabrics and must be held to fall within the ordinary meaning of the word 'textiles'."

4. The Role of Affidavits and Expert Opinions:
The petitioner submitted affidavits from individuals in the fabric trade, claiming that paper maker's felts are not considered fabrics. However, the court found these affidavits unconvincing, especially in light of the Supreme Court's decisions and the opinion of the Indian Standards Institute, which classified felts as textile fabrics. The court emphasized that the Supreme Court's interpretation and the Indian Standards Institute's glossary should be preferred over the affidavits provided by the petitioner.

Conclusion:
The High Court dismissed the writ petition, holding that the paper maker's felts manufactured by the petitioner are indeed fabrics under Items 19 and 21 of the Central Excises and Salt Act, 1944. The court relied on the Supreme Court's rulings and the Indian Standards Institute's definitions to conclude that the felts are taxable under the specified tariff items. The petitioner's reliance on affidavits and previous judicial decisions was insufficient to overturn the established legal interpretations. The petition was dismissed with costs, and the counsel's fee was set at Rs. 500.