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TMI Blog1987 (7) TMI 414X X X X Extracts X X X X X X X X Extracts X X X X ..... kash Anand, Vice-President]. - Heard Shri Vineet Kumar, SDR for the department and Shri N.C. Sogani, Consultant for the respondent. 2. We fe.l.t. that this was a matter in which it was necessary for us to see the impugned goods and the related technical literature. Accordingly, the department was asked to produce samples as well as catalogue, which we have seen in the course of the arguments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned Consultant has emphasized the same point before us. He refers to note l(d) of Chapter 98 and submits that classification under Chapter 96 has to be ruled out. He further stresses that heading 90.16-cta would include mathematical as well as other drawing pens. 3. The learned SDR has strongly reiterated the views of the department contained in their appeal before us and has nothing furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g instruments, drafting machines, partographs, slide rules, disc calculators etc. It is hardly shown before us that the impugned goods are part of any instruments. 6. On the other hand, from the department side, it is rightly emphasized that heading 98.04-CCCN covers pen nibs, with or without nib points of any design, including those meant for writing, drawing, lithography or music writing. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e agree that the articles imported are essentially pen nibs, which are covered by heading 98.04-CCCN (98.03/09-CTA) which would cover pen nibs with or without nib points of any design, whether for writing, drawing, lithography or music writing. The respondents have not been able to convince us that the impugned goods can be classifiable as parts of drawing instruments. 9. Appeal allowed. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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