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Indirect Tax Laws




                    Notes          11.  Textile and Textile Products (Section XI - Chapters 50 to 63)
                                   12.  Footwear, Headgear, Umbrellas, Articles of human hair (Section XII - Chapters 64 to 67).
                                   13.  Articles of stone, plaster, ceramic, glass (Section XIII - Chapters 68 to 70)

                                   14.  Pearls, precious metals (Section XIV - Chapter 71)
                                   15.  Base metals and articles of base metal (Iron, Steel, Copper, Nickel, Zinc, Tin etc.). (Section
                                       XV - Chapters 72 to 83)
                                   16.  Machinery and mechanical appliances, electrical equipments, television etc. (Section XVI
                                       - Chapters 84 and 85)

                                   17.  Vehicles, Aircrafts, vessels (Section XVII - Chapters 86 to 89)
                                   18.  Optical, photographic, medical, surgical instruments, clocks, musical instruments (Section
                                       XVIII - Chapters 90 to 92)
                                   19.  Arms and Ammunition (Section XIX - Chapter 93)

                                   20.  Misc. Manufactured articles like Furniture, toys etc. (Section XX - Chapters 94 to 96)
                                   21.  Works of Art, collectors’ pieces and antiques (Section XXI - Chapters 97 to 99) – This section
                                       is only in Customs Tariff and not in Central Excise Tariff.




                                      Task       Discuss Broad Grouping of Goods in CETA.

                                   3.1.3 Trade Parlance Theory


                                   Trade Parlance  Theory emerged out of case of  Grenfell vs. IRC (1876), where justice  Pollok
                                   concluded that nay word in statue should be interpreted (understood in its popular sense, in
                                   which people understand it.

                                   Some examples:
                                      A mirror is not a glass wear, as glass loses its character after it is converted into mirror.

                                      Windscreen of motor vehicle (front glass of car) is not a glass it is understood as automobile
                                       part.

                                      Plastic pen has a separate identity. It cannot be classified as article of plastic like pipes,
                                       plastic sheets etc.

                                      Carbon paper is not a paper because paper is used for writing,
                                      Printing, drawing etc.
                                   A product is also classified on the basis of its end use, if classification is related to the function of
                                   the goods.
                                   In order to determine the rate of excise duty on goods, classification is prerequisite. Excise duty
                                   payable is based on the classification of goods given in  the Central Excise Tariff Act,  1985
                                   (CETA). The Act gives a list of items chargeable to Central Excise duty. It is divided into 96
                                   Chapters grouped in twenty Sections. Each of these twenty sections relates to broader class of
                                   goods such as Section I relates to Animal and Dairy Products, Section VI relates to Products of
                                   Chemical and Allied Industries, while Chapter XI relates to Textiles and Textile Articles.




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