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TMI Blog2013 (10) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... y the appellant i.e. Polyester Staple Fibres and PET Flakes. It is his submission that the appellant herein purchases PET bottles from the market after shreding the same, cut the same and manufacture flakes. After the flakes are manufactured, the appellant converts the part of the flakes into Polyester Staple Fibres and part of the flakes is consumed as such or sold. It is his submission that the appellant herein had classified their product Flakes under Chapter Heading No.3907 while the Department wants to classify the same under Chapter Heading No.3915 as waste and parings. It is his submission that there is no dispute as to the fact that the appellant is purchasing discarded PET bottles and shredding the same to arrive at the flakes form ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te arising out of shredding of PET bottles. He also submits that this Bench in the case of M/s Arora Fibres Ltd. vide Stay Order No.M/10916/WZB/AHD/2013, dt.14.02.2013, had directed the appellant herein to deposit an amount of Rs.50 lakhs in respect of Polyester Staple Fibres manufactured from the same process. 4. Ld.Consultant, in rejoinder, submits that the said product Polyester Staple Fibres which is manufactured from plastic and plastic waste and PET bottles are exempted from payment of duty vide Notification No.24/2012-CE, dt.08.05.2012. It is his submission that the notification should be read from 29.06.2010 as it was the intention of the Government to exempt Polyester Staple Fibres manufactured out of PET bottles. 5. We have cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o.39 as being manufactured out of plastic bottles. As regards the duty liability on the very same Polyester Staple Fibres for the period post 29.06.2010, we find that the said duty liability arises on the appellant due to the retrospective amendment which has been brought into effect. The claim of the ld.Consultant that the notification which has been issued exempting such product is of retrospective nature and will be applicable, needs to be considered at the time of final disposal of appeal. We find that that the appellants unit has been taken over by State Bank of India, but at the same time, there is nothing on record to show that the appellant has a severe financial hardship. Keeping in mind that the issue seems to be covered by our S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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