TMI Blog1985 (1) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed to introduce crimps, coils, loops or curls or at times base yarn is sent to them for such processing. The case of the petitioners is that they do not undertake any manufacturing activity which can subject them to the levy of excise duty. 3. The entry under which excise duty is sought to be levied is Entry 18. The relevant Entry 18(II) reads as follows : "Item No. Description of Goods Rate of Duty Basic Speciapal Excise 18.11 Man-made filament yarns: (i) Non-cellulosic (a) Other than textured Eighty five rupees per kilogram, Ten per cent of basic duty charged. (b) textured Ninety five rupees per kilogram. -do- Expla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The duty is levied on the product. The product is textured yarn. The explanation to the said entry exhaustively defines what textured yarn means. According to the explanation "textured yarn" means yarn which has been processed to introduce crimps, coils, loops or curls etc. The explanation, therefore, postulates that the processor has to obtain yarn which is then subjected to the said process of texturising. The entry does not indicate that it is the manufacturer of yarn alone who could be the processor. Ordinarily it may be said that processing of yarn may not tantamount to a manufacturing activity being undertaken. In the present case, however, in view of the said explanation, texturising of yarn has to be regarded as manufacturing text ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yarn and but for the notification of the Central Government there would have been no exemption of the duty paid on the base yarn. In our opinion, there is no merit in this contention. The Government was conscious of the fact that if an exemption notification is not issued, a yarn may be subjected to excise duty twice over. Therefore, an exemption notification was issued which provided that if base yarn had been subjected to duty then that amount of duly will be deducted from the duty which would be levied on the processor. This is a normal way in which double taxation is avoided. It is to be borne in mind that the duty which is levied is on the item and not on the person. The duty is levied on textured yarn. It cannot be that the duty on t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
