1995 (1) TMI 96

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..... ification No. 132/77-C.E., dated 18th June, 1977 yarn used by composite textile mills in the manufacture of cotton fabrics was wholly exempted. The said Notification was, however, withdrawn on 15th July, 1977. On the midnight of 14/15th July, 1977 the respondents in the various appeals had some used quantity of cotton yarn as well as some cotton yarn contained in cotton fabrics in stock. The Reven .....

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..... urts of Gujarat and Bombay. The Tribunal placing reliance on the aforesaid two decisions of the High Courts allowed the appeals against the Revenue with consequential reliefs. It is against the same orders that the present appeals are filed. It seems to us that these appeals by the Revenue must succeed. 2. In Wallace Flour Mills Co. Ltd. v. Collector of Central Excise, Bombay [1989 (44) E.L.T. 5 .....

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..... ince the Notification granting exemption had already been withdrawn, the said cotton yarn became liable to duty under the extent provisions and could be recovered at a date subsequent to the date of manufacture as held in Wallace Flour Mills case (supra). Therefore, in the circumstances, the decisions of the High Courts of Gujarat and Bombay cannot help the assessee. 3. In the result, the assess .....

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