https://www.taxtmi.com/caselaws?id=35504 Texturised yarn made from bought-out POY was held outside Notification No. 29/2004-C.E. as amended because the exemption was confined to filament yarn processed by a manufacturer lacking facilities to produce filament yarn of Chapter 54, and the relevant inquiry was whether the assessee had facilities to manufacture filament yarn from organic polymers. The explanation was read as referring to filaments made from organic polymers, not to a lack of capacity to manufacture the polymers themselves, so the wider exemption claim failed. On penalty, the dispute was interpretational and the record did not show wilful or mala fide contravention, so penalty was set aside; duty was to be recomputed on a cum-duty basis with interest remaining payable. en-us Fri, 24 Apr 2009 00:00:00 +0530 Wed, 10 Mar 2010 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=35504 Texturised yarn made from bought-out POY was held outside Notification No. 29/2004-C.E. as amended because the exemption was confined to filament yarn processed by a manufacturer lacking facilities to produce filament yarn of Chapter 54, and the relevant inquiry was whether the assessee had facilities to manufacture filament yarn from organic polymers. The explanation was read as referring to filaments made from organic polymers, not to a lack of capacity to manufacture the polymers themselves, so the wider exemption claim failed. On penalty, the dispute was interpretational and the record did not show wilful or mala fide contravention, so penalty was set aside; duty was to be recomputed on a cum-duty basis with interest remaining payable. Case-Laws Central Excise Fri, 24 Apr 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=35504