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M/S Speedways Rubber Factory vs Cce, Jallandhar on 6 April, 2017

falling under negative list and classified under Chapter 28 of the Central Excise Tariff Act, 1985, therefore, the appellant is not entitled for the benefit of exemption notification. To find that the product which is manufactured by the appellant is industrial gas, manufactured by way of atmospheric fraction, which specifically covers at S.No. 16 of the schedule, therefore, it is to be seen that whether the appellant is entitled for benefit under notification or not that product qualifies at S.No. 16 of the schedule of notification or S.No. 4 of the Annexure. S.No. 4 of the Annexure covers inorganic 16 E/60550-60551/2019 chemicals, although industrial gases are inorganic chemicals, but there is a specific entry at S.No. 16 of the schedule which is the appropriate classification of the said goods and the Hon‟ble Apex Court in the case of Speedway Rubber Co. (supra) has observed that as per Rule 3(a) of Interpretation Rules of Central Excise Tariff Act, 1985, the heading which provides most specific description shall be preferred to the heading providing a more general description.
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