Excisability of slivers in manufacture rejected on binding precedent; Tribunal followed earlier view and set aside the demand.

Cotton polyester and viscose polyester slivers arising in manufacture were examined on the question whether they were excisable and marketable for duty purposes. The Tribunal followed its earlier decision in the assessee's own matter, which had relied on the Bombay High Court ruling in Grentex & Co. v. Union of India on the same issue. Applying that binding and earlier view, it found no basis to depart from the settled position and set aside the impugned order, allowing the appeals with consequential relief, if any.

---

---

Issues: Whether the cotton polyester and viscose polyester slivers emerging during manufacture were excisable and marketable so as to sustain the impugned demand.

Analysis: The Tribunal noted that the issue was identical to an earlier matter involving the same assessee, where the appeals had been allowed by relying on the Bombay High Court decision in Grentex & Co. and Another v. Union of India. Following that binding and earlier view on the identical question, the Tribunal found no reason to take a different view in the present appeals.

Conclusion: The impugned order was set aside and the appeals were allowed with consequential relief, if any.

---