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    <title>2015 (9) TMI 1030 - Supreme Court</title>
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    <description>Polyester filament yarn of 1 kg or less arising during the spinning process was treated as waste rather than marketable yarn because the surrounding record, including contemporaneous correspondence, stock verification and field officers&#039; observations, showed that the assessee and the Revenue&#039;s officers regarded the partially wound material as waste. The Tribunal&#039;s factual finding was that it was not cleared as yarn but disposed of as waste, so the quantities recorded in the log sheets could not be assumed to represent removal of dutiable yarn. On that basis, central excise duty was not sustainable.</description>
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      <title>2015 (9) TMI 1030 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=264362</link>
      <description>Polyester filament yarn of 1 kg or less arising during the spinning process was treated as waste rather than marketable yarn because the surrounding record, including contemporaneous correspondence, stock verification and field officers&#039; observations, showed that the assessee and the Revenue&#039;s officers regarded the partially wound material as waste. The Tribunal&#039;s factual finding was that it was not cleared as yarn but disposed of as waste, so the quantities recorded in the log sheets could not be assumed to represent removal of dutiable yarn. On that basis, central excise duty was not sustainable.</description>
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      <pubDate>Tue, 01 Sep 2015 00:00:00 +0530</pubDate>
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