CUSTOMS, EXCISE AND GOLD (CONTROL) APPELLATE TRIBUNAL, NEW DELHI
G. Sankaran, V.T. Raghavachari, JJ.
Collector of Central Excise, Madras -Appellant
Versus
Synthetic Cutting Tools Manufacturing Co. -Respondent
Order No. 875 of 86-D, 875 of 1986
Decided On : 31-10-1986
V.T. Raghavachari, Member (J)
1. M/s. Synthetic Cutting Tools Manufacturing Company manufacture resin impregnated/coated discs of glass fabrics which are excisable under item 22-F of the First Schedule to the Central Excises
2. We have heard Shri K.C. Sachar for the Department and Shri V. Lakshmikumaran, Advocate for the respondents assessee.
3. Both sides are agreed on (i) that the subject goods (Discs of various sizes cut out of the resin coated glass fabric) are classifiable under item 22-F of the first schedule to the Central Excises and. Salt Act and (ii) the resin content of the said fabric was less than 33%.
4. Under Notification No. 87/76-CE dated 16.3.76, three types of goods falling under item 22-F and specified in the table attached to the notification were granted full exemption of duty. Item three of the table is "Glass Fabrics". The Assistant Collector under his order held that the exemption did not extend to processed glass fabrics and therefore necessarily did not extend to the discs cut out of the processed glass fabrics. The Appellate Collector proceeded on the basis that the question of full exemption to the fibre glass fabrics is not in dispute and that the Assistant Collector's conclusion that the exemption cannot be extended to the stage of cut discs is not tenable since the fabric continues to a fabric even after being cut into discs. The review notice of the Government mentions two reasons only as to why the findings of the Appellate Collector were not proper. They were (i) on account of impregnation the goods had lost their identity as glass fabrics and (ii) the goods are not glass fabrics in commercial parlance. In view of the fact that these two grounds had been mentioned in the review notice we think that it would be necessary to consider these two grounds only though the arguments before us ranged over a wider area. So far as the second reason mentioned above is concerned, we may note that except observing that the cut discs were not known as glass fabrics in commercial parlance no supporting material has been referred to in the show cause notice or even in the submissions before us. The only support Shri Sachar sought to derive in respect of this submission is that the respondents themselves had described these goods as discs in the course of their submissions before the lower authorities. But we feel that no support can be derived on this basis since the dispute was with reference to the cut discs and therefore, they had to be necessarily referred to in that fashion in the proceedings be
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