2004 (1) TMI 436 - AT - Central Excise

Appeals allowed, goods eligible for exemption under entry 119 of Notification 5/98. Monofilament qualifies, denier specification under review. /98

JAY MONOFILAMENTS PVT. LTD. Versus COMMISSIONER OF C. EX., THANE-II

The appeals were allowed, setting aside the Commissioner's order and affirming the eligibility of the goods for the exemption under entry 119 of ... Nylon monofilament cleared in hanks or in cut lengths Issues:Eligibility for exemption under entry 119 of Notification 5/98 for nylon monofilament yarn of specific denierage.Analysis:The appeals addressed the eligibility of goods for exemption under entry 119 of Notification 5/98 and similar entries in other notifications manufactured by the appellant. The Commissioner initially denied the exemption, demanded duty on the cleared yarn, and imposed penalties. The main contentions were whether the goods qualified as nylon monofilament yarn and met the denierage specified in the entry.The Commissioner's order focused on the classification of the goods as nylon monofilament but not yarn, based on the technical dictionary's definition of yarn requiring continuity. The Commissioner emphasized that the goods were not suitable for traditional yarn uses like plying, knitting, or weaving. The order highlighted the distinction between monofilament and monofilament yarn, stating that the goods did not fall under the specified heading.The judgment analyzed the relevant tariff headings, noting that the specific heading for nylon monofilament did not mention 'yarn,' leading to ambiguity. The Explanatory Notes to Heading 54.04 clarified the classification of synthetic monofilament products, including their varied uses. The Commissioner rejected the appellant's alternative classification, relying on the Explanatory Notes, which indicated that monofilament and monofilament yarn could be classified under the same sub-heading.The judgment emphasized the principle of statutory interpretation to avoid rendering any legislative terms redundant. It reconciled the conflicting interpretations by suggesting that monofilament in the specified heading could also include monofilament yarn. The analysis highlighted the significance of the Explanatory Notes in classifying monofilament products, regardless of their length, under the relevant heading for exemption purposes.Regarding the Supreme Court's precedent on yarn usage, the judgment differentiated between primary and exclusive use for weaving, knitting, or rope making. It referenced a High Court decision on fishing nets as fabric and a Tribunal ruling on monofilament classification. The judgment concluded that the monofilament in question qualified for the exemption, remanding the issue of denier specification back to the Commissioner for further review.In conclusion, the appeals were allowed, setting aside the Commissioner's order and affirming the eligibility of the goods for the exemption under entry 119 of Notification 5/98.