9911796707
TMI Blog2000 (7) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondent. [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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id heading includes Catgut, 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 blo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so. But the fact remains that the question involved in this case is whether the classification has to be done either under Chapter 5 or Chapter 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.&emsp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e arguments, we suggested that in case any amount is paid towards the prosecution of this as to appeal as a pre-deposit the point regarding the Jurisdictional 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 f ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
