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TMI Blog2018 (9) TMI 1770X X X X Extracts X X X X X X X X Extracts X X X X ..... tion has neither been decided by nor is pending before any authority under any provisions of the GST Act. The officer concerned raises no objection to the admission of the Application. The Application is, therefore, admitted. 2. The Application states that the Applicant manufactures Polypropylene Leno Bags which are mainly used for packing of potato, onion, raw mango and other vegetables and citrus fruit in bulk. The Applicant also manufactures other woven Polypropylene bags which may be used for packing of cement, fertiliser and food grain. Ruling is, however, sought for the Polypropylene Leno Bags. The composition of these Polypropylene Leno Bags is i) Polypropylene (hereinafter referred to as "PP") - 92% to 94%, ii) Linear Low Density ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... astic Engineering & Technology and the Indian Institute of Packaging that the Test Certificates dated 15.05.2018 and 09.05.2018, respectively, that the reports are not to be reproduced without written approval, and that the report dated 09.05.2018 cannot be used for litigation, the above references will not be considered when at the Ruling. 4. The Applicant has also submitted a communication from Oriental Bank of Commerce dated 15.06.2018 granting 10% capital subsidy under TUFS. The Technology Upgradation Fund Scheme is a scheme under the Ministry of Textiles for providing capital for modernization of Indian Textile Industry at international interest rate. The Applicant has availed of subsidy to the tune of about 557.36 lacs in 2009. 5. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er criterion stated to exclude goods from being included as Plastics and articles thereof vis-a-vis Chapter 63. Again, Note 1(g) to Section XI of the Tariff Act states that the Section of Textile and Textile Articles covering Chapters 50 to 63 does not include, "Monofilament of which any cross-sectional dimension exceeds 1 mm or strip or the like (for example, artificial straw) of an apparent width exceeding 5 mm, of plastics (chapter 39), or plaits or fabrics or other basket-ware or wickerwork of such monofilament or strip (chapter 46)" Note 1 (h) to Section XI of the Tariff Act states that the Section of Textile and Textile Articles covering Chapters 50 to 63 does not include, "Woven, knitted or crocheted fabrics, felt or nonwovens, impr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bags are for PP Woven Sacks and not for PP Leno Woven sacks. Since, the Ruling sought for is specifically for PP Leno Bags, the BIS for fruits and vegetables is considered solely. 12. Therefore to classify the product PP Leno Bags both the Explanatory Notes, as well as the clarifications in the Tariff, and the specifications as per IS 16187:2014 should be taken into consideration. 13. Tariff head 63053300 includes the goods that are classifiable as sacks and bags, of the kind used for packing of goods, made from polyethylene or polypropylene strips and the like that qualifies as man-made textile materials. Only those PP strips and the like are considered as textile materials width of which do not exceed 5 mm [refer to Note 1(g) to Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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