2014 (4) TMI 413

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....uring another type of needles known as ' Atraumatic Needles- (Eyeless)'. These needles are sold to other manufacturers of needled sutures, who attach the needle to the 'string' or 'gut', and then sterilize, pack and sell it to consumers like hospitals. The applicant have not been paying excise duty on this product, as they claim such needle to be 'part and accessories of the instruments and appliances' used in Cardiovascular sutures, Ophthalmic sutures etc. They claimed exemption from Central Excise Duty as per Notification No.6/2006-CE, dated 01.03.2006 (S.No.59 of the Table to the Notification), which is reproduced below: Sl. No. Heading Description Rate of Duty 59 9018 or 9019 or 9022 (i) Parts and accessories of goo....

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....Rs.1,47,70,969/- for the period Apr.'06 to Oct.'10 and Nov.'10 to July, 2011 with penalty of equal amount. Aggrieved by the order, the applicant has filed this appeal along with stay application. 4. The learned counsel for the applicant submits that ' Atraumatic Needles -(Eyeless)', which they are manufacturing cannot be used directly by consumer and it can be used only if it is used along with a 'gut'. Such a job of attaching 'guts' to' 'eyeless needles' can be done only in a factory and not by a surgeon. He further submits that such a process is being done by manufacturers like M/ s. Johnson & Johnson Ltd. According to them it is not reasonable to hold that ' Atraumatic Needles - (Eyeless)' is not a part of 'needled sutures' being manu....