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2017 (12) TMI 5 - AT - Central ExciseExcisability/marketibility - parts of ophthalmic equipments - Held that - considering the ultimate use of the product which are specifically designed for eye surgery, it is found that the product cleared by the appellant cannot be considered as excisable goods fit for marketing or use and as such cannot be brought to excise levy - The products cleared by the appellants are of semi-finished nature - appeal allowed - decided in favor of appellant.
Issues:
Classification of goods for excise duty liability on medical equipment used in eye surgery. Analysis: The appeal in this case was against an order by the Commissioner (Appeals) confirming the duty liability of the appellants for the manufacture and clearance of parts of ophthalmic equipment without payment of duty. The appellants argued that the goods they manufactured were semi-finished and underwent essential processes by M/s. Aurolab to make them fit for marketing and use in eye surgery. The processes included dimension checking, cleaning, sterilization, assembly, and packaging. The Appellate Tribunal noted that the products were specifically designed for eye surgery, requiring a high degree of sterilization. The products cleared by the appellants were considered semi-finished and essential for further processes before marketing. The Tribunal found that the goods could not be considered excisable goods fit for marketing or use, thus exempting them from excise levy. The original authority did not adequately consider these aspects before confirming the duty liability. The Tribunal concluded that the impugned order was not sustainable and set it aside, allowing the appeal with any consequential relief. The judgment emphasized the specialized nature of the products for eye surgery and the essential processes undertaken by M/s. Aurolab to ensure the products' suitability for marketing and use. The decision highlighted the importance of considering the specific characteristics and requirements of goods, especially in the context of medical equipment, before imposing excise duty liability.
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