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1985 Supreme(SC) 255

A.P.SEN, D.P.MADAN
Superintendent Of Central Excise, Surat – Appellant
Versus
Vac Met Corporation Private LTD. – Respondent


Judgment

JUDGMENT:- We have no doubt in our mind agreeing with the judgment and order passed by the Gujarat High Court that yarn (also known as metallized yarn) manufactured by the respondents in the form of silvery white or golden thin flat, narrow and continuous strip made of metallized poly ester from metallized laminated plastic sheets or foils which are slitted by them by electrically operated machines fall within the purview of Tariff Entry 15A (2) of the First Schedule to the Central Excises & Salt Act, 1944 which is a specific entry relating to articles made of plastics of all kinds as contended by the respondents and therefore are dutiable at a lower rate and that the goods in question do not come within the ambit of the general Tariff Entry 18 and were therefore not liable to higher fate of duty. The relevant Entry 15A(2) reads as follows:

"15A(2). Articles made of plastics, all sorts, including tubes, rods, sheets, foils, sticks, other rectangular or profile shapes whether laminated or not, and whether rigid or flexible including layout and polyvinyl chloride sheets."

2. The contention of Shri B. Datta. learned Additional Solicitor General that the article manufactured come



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