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Issues: Whether blended cotton fabric containing 52% cotton was entitled to the benefit of Notification No. 57/87-C.E. by treating it as cotton fabric under Section Note 2(A) of Section XI of the Central Excise Tariff Act, 1985.
Analysis: Section Note 2(A) of Section XI treats fabric as cotton fabric where cotton predominates in the product. Since the blended fabric contained 52% cotton, its predominant character remained cotton. Notification No. 57/87-C.E. did not provide any separate definition of cotton fabric that would exclude such goods from its coverage.
Conclusion: The blended cotton fabric was eligible for the benefit of Notification No. 57/87-C.E., and the denial of exemption was not justified.