9911796707
TMI Blog1999 (3) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... C. Jain, Vice President]. Briefly stated the facts of the cases are as follows : - 2. The appellants herein purchased duty paid flock covered cotton fabrics from the market. They printed the said fabric and cleared the same. Contention of the appellants herein is that no new commodity has been manufactured by them calling for levy of duty again at the stage of printing of the cotton fabric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r appreciation of his argument we reproduce the para 16. On an analysis of the aforesaid rulings, a two-fold test emerges for deciding whether the process is that of manufacture". First, whether by the said process a different commercial commodity comes into existence or whether the identity of the original commodity ceases to exist; secondly, whether the commodity which was already in existen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id fabric. No new commodity has come into existence. He, therefore, submits that the appeals be allowed after setting aside the impugned order. 6. Opposing the contention, ld. JDR Shri Udhoji reiterates the finding of the lower authority as set out earlier. He specifically draws attention to the following :- The party has admitted during the personal hearing that unprinted flock coated cotton ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ought into existence or not. The two tests are 1, whether a new commercial commodity has come into existence having different name, character or use 2, whether the commodity which was already in existence will serve no use but for the said process undertaken by the manufacturer or the processor. In the present case, we agree with the ld. Advocate for the appellants that the nonprinted cotton flock ..... X X X X Extracts X X X X X X X X Extracts X X X X
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