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of <h1>Court sets aside duty demand & penalty, stresses legal basis for duty levy under Central Excise Act.</h1> <h3>MURARJEE GOCULDAS SPG. & WVG. CO. LTD. Versus COMMR. OF C. EX., MUMBAI-I</h3> MURARJEE GOCULDAS SPG. & WVG. CO. LTD. Versus COMMR. OF C. EX., MUMBAI-I - 2004 (172) E.L.T. 35 (Tri. - Mumbai) Issues:Demand of duty on doubling of yarn, Interpretation of Chapter Note 1 of Chapter 52, Imposition of duty based on Notification No. 26/94, Retrospective effect of Tariff note introduced on 16-3-95.Analysis:The judgment deals with the issue of demand of duty on doubling of yarn by using spindle stage duty paid yarn during a specific period. The Commissioner (Appeals) erred in not considering Chapter Note 1 of Chapter 52, introduced on 16-3-95, which made the process of doubling excisable. The attempt to impose duty based on Notification No. 26/94 was refuted, emphasizing that levy under Section 3 of the Central Excise Act, 1944 requires a new commercial entity or a deemed manufacture as per the Tariff note. It was clarified that the Tariff note introduced on 16-3-95 cannot have a retrospective effect for the period in question, leading to the setting aside of the demand and penalty.The judgment highlights the importance of interpreting statutory provisions accurately. It emphasizes that a mere mention in an exemption notification does not imply a levy under the Central Excise Act, which is contingent upon the emergence of a new commercial entity or a deemed manufacture as per the prescribed tests. The retrospective application of a Tariff note was also addressed, clarifying that it cannot be used to levy duty for a period preceding its introduction. This meticulous analysis underscores the significance of legal precision in interpreting and applying statutory provisions in excise matters.In conclusion, the judgment sets aside the demand and penalty imposed on the doubling of yarn during the specified period, emphasizing the necessity of a valid legal basis for levying duty under the Central Excise Act. The decision serves as a reminder of the critical role of statutory interpretation and the importance of adhering to established legal principles in excise duty cases.
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