TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether the aqueous solution of phenolic resin manufactured by the petitioner was covered by Item 15-A of the First Schedule to the Central Excises and Salt Act, 1944 as artificial or synthetic resin, and whether excise duty could be levied on the whole solution instead of only on the resin content.
Analysis: Item 15-A applied to artificial or synthetic resin in its various forms, but the product in question was found to be an aqueous solution consisting of resin and water, with the resin content remaining below the stage at which manufacture of finished phenolic resin was complete. The material on record, including laboratory reports, correspondence of the excise authorities, and technical literature, showed that phenolic resin becomes finished resin only after dehydration and removal of water. A solution of resin was treated as different from resin itself, and the departmental instructions also recognised that where the resin or basic plastic material could be determined, duty should be levied on that quantity and not on the total weight of the solution.
Conclusion: The aqueous solution of phenolic resin was not covered by Item 15-A as resin in liquid form, and excise duty could not be levied on the entire weight of the solution.
Ratio Decidendi: A solution containing resin and water is not the same as manufactured resin in liquid form; where manufacture is incomplete and the product is only an intermediate solution, it does not fall within the tariff entry for artificial or synthetic resin.
TaxTMI 
TaxTMI 
