TMI Blog1997 (10) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent. [Order per : J.H. Joglekar, Member (T)]. This appeal from Revenue was argued by Shri Satnam Singh, Senior Departmental Representative.The Respondents were represented by Shri K.S. Ramabadran, learned Advocate. 2. As narrated in the order-in-appeal, the appellants manufactured flat woven fabric out of polyester yarn under sub-heading 5504.29. The width of the fabric was 858 mm w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 1-3-1986, since it was used for captive consumption. The assessee challenged this before the Collector (Appeals). The Collector (Appeals) classified the woven fabric under Heading 55.07. He held the processed fabrics to be not marketable and, therefore, not excisable. In the appeal from the Revenue the claim made is that the woven fabrics are correctly classifiable under Heading 5408.00 in te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td. v. Collector of Customs, reported in 1992 (57) E.L.T. 369 (S.C.) also held that the alternate classification was claimable at the Tribunal stage. The Supreme Court in their judgment in the case of Collector of Customs v. Enfield India Ltd., reported in 1991 (51) E.L.T. 172 (S.C.) had entertained the claim for a alternate classification made before them but had remanded the same to the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 54 covered man-made filaments. Chapter 55 covers man-made staple fibres. The classification of the fabrics under these two Chapters would necessarily follow the classification of the yarn the fabrics were made from. In the order of the Collector (Appeals) in the narration of the facts it has come that the woven fabric was made out of polyester yarn of sub-heading 5504.29. This sub-heading covers y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Collector (Appeals) that the goods were not excisable has to be set aside. The Revenue in the appeal before us has suggested classification under Heading 6301.00. This is a residuary classification and the issue whether this classification is attracted would have to be determined on examination of contended facts. The Tribunal cannot do this. This examination will have to be done by the original ..... X X X X Extracts X X X X X X X X Extracts X X X X
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