Trade parlance recognition of polyester polyols as polyester resins supported exemption under the excise notification.

Polyester polyols were treated as polyester resins for customs excise purposes because the Revenue's own laboratory opinions and trade references indicated that the product was known in books and trade parlance as a resin. On that basis, the product was considered commercially identifiable with polyester resins, and the exemption under Notification No. 133/86-C.E. was upheld.

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Issues: Whether polyester polyols are known as polyester resins in trade parlance and, therefore, entitled to the benefit of Notification No. 133/86-C.E.

Analysis: The Revenue's own laboratory opinions stated that polyester polyol is seen in books as polyester resin, falls within the category of polyester resins, and is known as resins in trade parlance. On that material, the product was treated as commercially identifiable with polyester resins.

Conclusion: The product polyester polyols was held to be known as polyester resins and the benefit of Notification No. 133/86-C.E. was upheld. The Revenue's appeal was dismissed.

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