TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Imported goods with synthetic fibers classified as textile fabrics: Tribunal decision on duty levy</h1> The Appellate Tribunal upheld the levy of additional duty on imported goods containing synthetic fibers, classifying them as textile fabrics. The decision ... ‘Fabrics’ include non-wovens - Additional duty leviable Issues:1. Interpretation of Additional Duty Rules, 1976 on fabrics containing synthetic fiber.2. Classification of 'Nonwoven' goods as fabric for levy of additional duty.3. Applicability of Notification No. 356/1976 on imported goods.4. Dispute on the liability of imported goods to additional countervailing duty.Issue 1: Interpretation of Additional Duty Rules, 1976 on fabrics containing synthetic fiberThe case involved a dispute regarding the interpretation of the Additional Duty Rules, 1976, specifically on fabrics containing more than 10% by weight of synthetic fiber or yarn. The Additional Duty Rules, framed under Notification No. 356/2-8-1976, specified that such fabrics would be liable to additional duty equal to the excise duty leviable on the material used in their manufacture. The imported goods in question were tested to contain 51.9% Polypropylene, a synthetic fiber, making them subject to the additional duty under Section 3(3) of the Customs Tariff Act, 1975. The Tribunal held that the levy under the Additional Duty Rules was applicable as the goods fell under the definition of textile fabric, as supported by authoritative texts and previous court decisions.Issue 2: Classification of 'Nonwoven' goods as fabric for levy of additional dutyThe central issue revolved around whether the imported 'Nonwoven' goods could be classified as fabric for the purpose of levying additional duty. The appellant contended that nonwovens should not be considered textile fabrics and, therefore, should not be subject to the additional duty. However, the Collector of Customs (Appeals) upheld that nonwovens fell under the category of textile fabric, making them liable for the additional duty. The Tribunal supported this decision by referencing authoritative texts on textile fabrics and court precedents, which established that nonwovens were indeed considered as textile fabrics. The argument that nonwovens did not feature in certain schedules was dismissed, as the presence of synthetic fibers in the imported goods justified the levy of additional duty.Issue 3: Applicability of Notification No. 356/1976 on imported goodsThe case also addressed the applicability of Notification No. 356/1976 to the imported goods, particularly in relation to the ingredients present in the goods. The Tribunal found that the Polypropylene fiber content in the imported goods fell within the scope of the Additional Duty Rules, as it constituted a synthetic fiber used in the manufacture of fabrics. The argument that nonwovens did not align with specific schedules or notifications was rejected, as the presence of synthetic fibers triggered the levy of additional duty under the relevant provisions.Issue 4: Dispute on the liability of imported goods to additional countervailing dutyThe dispute primarily focused on the liability of the imported goods to additional countervailing duty under Section 3(3) of the Customs Tariff Act, 1975. The Department argued that the goods should be considered as fabrics, thereby making them subject to the additional duty under the applicable rules. Conversely, the respondents contended that nonwovens should not be classified as fabric and, therefore, should not attract the additional duty. The Tribunal sided with the Department, emphasizing that the imported goods met the criteria for additional duty as per the relevant provisions, and the contentions raised by the respondents were not tenable based on the evidence presented.In conclusion, the Appellate Tribunal upheld the levy of additional duty on the imported goods, considering them as textile fabrics containing synthetic fibers. The decision was based on the interpretation of relevant rules and notifications, as well as established definitions of textile fabrics in authoritative sources and court judgments. The Tribunal dismissed the arguments against the classification of nonwovens as fabric and ruled in favor of the Department, allowing the appeals and rejecting the Cross-Objection filed by the respondents.
TaxTMI 
TaxTMI 
