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1998 (1) TMI 238

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....ey, Advocate, for the Appellant. Shri S.N. Ghosh, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (T)]. -  The appellants are engaged in the manufacture of flocked fabrics which fall under the subheading 56.06 of the Central Excise Tariff Act, 1985. 2. In the manufacture of such flocked fabrics, the appellants used `flocks' which they were manufacturing in their ....

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.... these flocks. Whereas as per the appellants, flocks are completely manufactured and attain the distinct name, identity and character as soon as they are cut to microsize fragments not exceeding 5 mm. The Department's contention is that the flocks are not ready-to-use condition unless all the subsequent processes referred to above are completed and the same are stored in the air-conditioning room ....

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....hs not exceeding 5 mm. and all the subsequent processes are preparatory processes in the manufacture of flocked fabrics and as such, do not have any bearing upon the fact of manufacture of flocks. Accordingly, Shri Bhattacharjee submitted that the RG 1 stage for the flocks should be fixed at the point of cutting. 5. Countering the arguments, Shri S.N. Ghosh, learned JDR submitted that the ....

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....7, dated 18-12-1997 [reported in 1998 (24) RLT 622 (CEGAT)], we had held that the process of washing, drying, dyeing, sizing, sorting and moisturisation of bought-out flocks, does not amount to manufacture, inasmuch as no new and different product comes into existence. In that case, the appellants were purchasing the already-cut-flocks from the open market. This fact establishes that the flocks at....