2006 (12) TMI 443 - AT - Central Excise

Medical and surgical instruments and apparatus - Infusion set - Exemption under Notification

Summary

Issues:
Applicability of Notification No. 339/86 to the respondent's product 'Infusion set'.

Analysis:
The issue in this case revolves around the applicability of Notification No. 339/86 to the respondent's product, the 'Infusion set'. The Revenue argues that the respondents are not entitled to the benefits of the notification as the infusion set does not qualify as long-term use as specified. The matter had been previously taken up to the Tribunal, which remanded it to the first appellate authority. The Commissioner (Appeals) accepted the respondent's contention and set aside the order-in-original. The Revenue contends that the infusion set does not meet the criteria for long-term use as per the notification. On the other hand, the Advocate for the respondent argues that the Commissioner (Appeals) provided a detailed finding that does not warrant interference.

Upon considering the submissions from both sides and examining the records, the Commissioner (Appeals) highlighted the evidence presented by the respondents to support that the infusion sets manufactured by them qualify for long-term use under Notification No. 339/86. The Commissioner (Appeals) referenced certificates from various hospitals and medical professionals attesting to the long-term use of the infusion sets. Notably, the Revenue did not present any contradictory evidence to challenge the findings of the Commissioner (Appeals).

Based on the detailed analysis and evidence presented, the Tribunal found no merit in the Revenue's appeal. Consequently, the appeal was dismissed, affirming the decision of the Commissioner (Appeals) in favor of the respondent regarding the eligibility of the infusion sets for exemption under Notification No. 339/86.