TMI Blog2000 (7) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : G.N. Srinivasan, Member (J)]. This is an application for stay of collection of Rs. 56,17,204/- being a duty demanded under the products manufactured by the applicant known as Unsterilized Absorbable Sutures. It is the claim of the assessee that the said product comes under heading 0501.00. The department claim classification under Ch. Sub-heading 4201.90 of the Tariff. 2. Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atgut, manufactured by twisting strips of cleaned and dried gut, especially sheep's gut. The twisting has been excluded in the Chapter Notes 5 in HSN Notes which reads on page 35 thereof as follows: This Chapter covers a variety of materials of animal origin, unworked or having undergone a simple process of preparation, which are not normally used as food (except certain blood, guts, bladders a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apter 42. The fact of revenue neutral cannot be indicator of classification of any product. We therefore call upon the assessee to pay Rs. 30 lakhs as a pre-deposit for prosecuting their appeals which will be done within 15 days of receipt of the order. 3. During the course of the argument Shri Rohan Shah with his usual alacrity and marked ability argued that the amount involved in this case may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... risdictional Assistant Collector SHALL CONSIDER as to the admissibility of granting of Modvat credit [under] Rule 57E of the Central Excise Rules, 1944 taking note of the latest Judgment cited by the Tribunal in the case after the party files the claim for the same and at the time of final hearing. The Ld. Counsel cited certain decision of the Tribunal in some cases which we feel not necessary to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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