9911796707
TMI Blog1987 (1) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... to the impugned products. It is of a greater advantage to the appellants to avail of the first notification and they have sought assessment on that basis, but the benefit of that notification is being denied as per the decision of the lower authorities, according to which, it has been held that assessment should be made as per the second notification, which is considered more specifically to apply to the impugned products. Shri Lakshmikumaran refers to the decision of this Tribunal in the case of M/s. Calico Mills v. Collector of Central Excise, Ahmedabad - [1985 (22) E.L.T. 574 (Tribunal)] = 1985 E.C.R. 2063 in which it was held that if there are two notifications which are applicable, then one exemption notification cannot take away the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one notification cannot be taken away by another separate notification. In the present matter, the whole question is whether the two notifications cited before us are equally applicable to the goods in question. The two notifications are re-produced below for ready reference : "Notification No. 127/69-C.Ex., dated 29-4-1969. In exercise of the powers conferred by sub-rule (1) of rule 8 of the Central Excise Rules, 1944, the Central Government hereby exempts cotton fabrics falling under sub-item 1(1) of Item No. 19 of the First Schedule to the Central Excises & Salt Act, 1944 (1 of 1944) and specified below from so much of the duty of excise leviable thereon as is in excess of 6-1/4 per cent ad valorem. (1) Cotton fabrics, other than blan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rics (a) grey. ..... Nil (b) processed other than bleached and/or dyed. . . 0.10 (c) bleached and/or dyed. ..... Nil (vi) Fents of Coarse fabrics - (a) grey. ..... Nil (b) processed other than bleached and/or dyed 0.10 (c) bleached and/or dyed. ..... Nil (vii) Fents of cotton fabrics specified below - (a) Cotton fabrics generally described as Mallimo type fabrics or fabrics in which the warp and weft yarn are connected and fastened together by chain stitches barred against each other (falling under Sub-Item 1(2)(f) of Item No. 19 of the aforesaid Schedule)...... 0.11 (b) Non-woven bonded fabrics, other than those falling 0.11 under Item No. (i) and containing natural or synthetic fibres, or both, held together by synth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re basis, whereas in respect of fents, value and duty is determinable on weight basis. 5. In the light of the above discussion, this appeal has to be rejected and is dismissed. 6. [Order per : G. Sankaran, Vice President]. - I have perused the order proposed by learned brother Shri K. Prakash Anand, but I regret I am unable to agree with his conclusion. 7. "Fents" are explained in Notification No. 72/69 dated 1-3-1969 as genuine cut pieces of cotton fabrics and the definition goes on to stipulate the dimensional specifications. Therefore, fents have, in the first place, to be cotton fabrics. This is only stating the obvious because unless they are cotton fabrics, fents cannot be assessed to duty under Item No. 19 pertaining to cotton fab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evision application (the appeal before us) the assessee's statement that they had submitted before the authorities, contracts, bills, gate passes and other factory records to prove that though fents were sold by weight, the value per square meter was also available in the record. 8. In the premises, I would propose an order allowing the appeal, setting aside the impugned orders of the lower authorities and remanding the matter to the Asstt. Collector with a direction to determine the duty liability of the goods in question in terms of Notifn. No. 127/69, dt. 29-4-69, after extending to the appellants an opportunity to adduce evidence as to the value of the fents and, thereafter, grant to the appellants consequential relief, if any, on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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