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Supreme Court of India 2017-04-27 dismissed

Sarla Performance Fibers Ltd vs Commissioner of Central Excise & Customs, VAPI

Bench: 2 — A.K. Sikri

In Brief

Sarla Performance Fibers manufactured polyester and nylon covered yarns by joining two different yarns via pressurised air (air mingling). The Company classified these as gimped yarn under Chapter 56.06 of the Central Excise Tariff, but Revenue contended they were synthetic filament yarn under Chapter 54. The Court held that gimped yarn requires spiral winding around a core held by tie yarn, which the subject goods lacked. Since the yarns were merely intermingled by compressed air without a distinct core structure, they fell within Chapter 54 as air mingled yarn, classifiable by predominance of the heavier component (polyester or nylon). The appeals were dismissed.

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Excise & Customs Classification Central Excise Tariff HSN Explanatory Notes Gimped Yarn Synthetic Filament Yarn Statutory Interpretation

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