Date: |
21-11-1995
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Notification No: |
Central Excise Circular No 158/1995
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Issuing Authority: |
Central Excise
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Type: |
Circular
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File No: |
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Subject: |
Notifn. No. 35/95-dt. 16.3.95 as amended by Not. No. 84/95 dt.18.5.95- Duty-ability of texturised and dyed yarn made from duty paid single yarn
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Notifn. No. 35/95-dt. 16.3.95 as amended by Not. No. 84/95 dt.18.5.95-
Duty-ability of texturised and dyed yarn made from duty paid single yarn
Circular
No. 158
dated 21st November 1995
It
has been brought to the notice of the Board that units having facilities for
twisting/ texturising the yarn and then dying/ printing/ bleaching/ mercerising
are being denied the benefit of exemption will not be available under Not. No.
35/95-CE dt. 16.3.95 after the addition of proviso vide Notifn. No.
84/95-CE dt.18.5.95 to the effect that this exemption will not be available to
the clearances of yarn from a factory having facilities (including plant and
equipment) producing single yarn. The filed formations are reportedly
interpreting the said amendment to Not. 35/95 dt. 16.3.95 to place such
twisting/ texturising units on the same footing as spinners of single yarn.
Based on such an interpretation, some ranges have even reportedly issued show
cause notices to the independent texturizers.
2.
The Matter has been examined, the Board is of the view that a unit merely
having the facilities of twisting/ texturing the yarn cannot be said to be
having a factory having facilities (including plant & equipment) for
producing single yarn. Thus, the clearances of a single yarn purchased from the
market if twisted/ texturised in the same unit where it is further dyed,
printed, bleached or mercerised will not be excluded from the purview of Notifn.
No. 35/ 95-CE after its amendment vide Notifn. No. 84/95-CE dated 18.5.95.
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