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2015 Supreme(SC) 629

A.K.SIKRI, ROHINTON FALI NARIMAN
Commissioner of Central Excise – Appellant
Versus
S. Kumar Ltd. – Respondent


Advocates:
Advocate Appeared:
For Appellant : Ashok Panda, Sr. Adv., Rajiv Nanda, Abhay Kumar and B. Krishna Prasad, Advs.
For Respondents: V. Sridharan, Sr. Adv., M.P. Devanath, Vivek Sharma, L. Charanaya, Aditya Bhattacharya, R. Ramachandran, Hemant Bajaj, Ambarish Pandey, Anandh K. and Rajesh Kumar, Advs.

ORDER

1. The Respondent herein is undertaking the work of processors of various textile fabrics and also undertakes the job work pertaining to the processing of knitted pile fabrics. For this purpose they have been receiving knitted pile fabrics in grey form from M/s. Dhvani Terefab Exports Pvt. Ltd. in running length of 300 metres. The job undertaken by the Assessee on the said fabric is that of washing, dyeing and bleaching, hydro-extraction, tumble dyeing and drying. After doing the aforesaid job work, the fabric is handed over back to M/s. Dhvani Terefab Exports Pvt. Ltd. on whose behalf the aforesaid job is undertaken. It appears that thereafter M/s. Dhvani Terefab Exports Pvt. Ltd. sends that fabric to some other processor who cuts the same into various lengths and also does sewing and hamming. Then it emerges in the form of towels. Question is as to under which clause the aforesaid process undertaken by the Respondent Assessee would fall. The Appellant treated the same as manufacture of goods in the nature of towels and issued show cause notice on the basis that the said goods to be "made-up articles" under Heading 63 of the Central Excise Tariff Act, 1985 and imposed the dut








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