Date: |
28-11-1997
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Notification No: |
Central Excise Circular No 359/1997
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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: |
Regarding classification of Used Release Paper
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Regarding classification of Used Release Paper
Circular
No. 359
dated 28th November 1997
I
am directed to say that doubts have been raised regarding the correct
classification and duty liability of used release paper (paper coated with
polymers). It is stated that assessee manufacturing coated fabrics/ PVC leather
cloth/ rexine use release paper in their manufacturing process and after
repeated usage it loses the releasing effect and becomes no more useful.
2.
The matter has been examined by the Board. It has been observed that
uniform practice of assessment does not exist in this regard. In some
Commissionerates, no duty is being paid on such used release paper as it is
thrown away as waste paper, whereas some Commissionerates are of the view that
the waste paper (i.e. used release paper) comes into existence from the
processing of inputs and as such processions of Rule 57F IB (a) will be
applicable and it is classifiable under Chapter Heading No. 47.02 chargeable to
duty accordingly.
3.
Board is of the view that such waste paper (i.e. used release paper) is
rightly classifiable under Heading No. 47.02 of the Tariff and accordingly
chargeable to duty on its value when removed from the factory keeping in view
the provisions of sub-rules 18 and 19 or Rule 57F.
4.
Trade and field formations may be advised suitably. Kindly acknowledge
the receipt of this Circular.
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