Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether woven pile fabric of man-made staple fibre, after the post-weaving operations carried out on it, could be treated as subjected to a process attracting classification under Heading 55.08 and thereby lose the benefit of exemption under Notification No. 109/86-C.E.
Analysis: The governing test for "any other process" is whether the process brings about a change of lasting character in the fabric. The fabric underwent several finishing operations after weaving, but the nature of those operations had to be examined in light of the settled principle that finishing or temporary improvement processes do not necessarily amount to the kind of processing contemplated by the tariff heading. The prior decisions relied upon had already drawn the distinction between processes that merely give finish or trim the fabric and processes that materially alter it in a lasting manner.
Conclusion: The fabric did not undergo any process justifying classification under Heading 55.08, and the exemption under Notification No. 109/86-C.E. remained available. The Revenue's appeal failed.
Final Conclusion: The order of the lower authorities granting exemption was sustained, and the departmental challenge was rejected.
Ratio Decidendi: A fabric is not treated as subjected to "any other process" merely because it undergoes finishing operations after weaving unless those operations bring about a lasting change amounting to a relevant processing of the goods.