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TMI Blog2016 (12) TMI 1316X X X X Extracts X X X X X X X X Extracts X X X X ..... r note is not disputed. As regards the penalty, we find that here also the appellant has no case as the Chapter note was there in the statue, which should have been considered by the appellant when they undertook the job working of doubling of yarn - Appeal rejected - decided against the assessee. - APPEAL No.E/3480/05 - Order No.A/87634/16/EB - Dated:- 9-5-2016 - Mr. M.V. Ravindran, Member ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd debit notes were raised for the job charges, which was honoured by the parties, who sent the yarn for doubling. It is the case of the revenue that as per Chapter note (1) to Chapter 52, the doubling of yarn is deemed manufacture and the appellant having undertaken manufacturing activity is liable to discharge Central Excise duty on such yarn cleared after doubling. Revenue authorities brought i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e they were entertaining a bonafide belief, the penalty imposed be set aside as the said penalties are imposed under Section 11AC. 4. The learned DR reiterates the findings of the lower authorities. 5. On perusal of the records, we find that the appellants has no case on merits. For the period in question, the chapter note which categorically states that doubling of cotton yarn would amo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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