JOHNSON AND JOHNSON LIMITED Vs. COMMISSIONER OF CENTRAL EXCISE AURANGABAD
LAWS(SC)-1997-3-175
SUPREME COURT OF INDIA
Decided on March 11,1997

JOHNSON AND JOHNSON LIMITED Appellant
VERSUS
Commissioner Of Central Excise Aurangabad Respondents

JUDGEMENT

- (1.) The appellants manufacture highly specialised "cardio Vascular Sutures" and "atraumatic Needled Sutures", the first used in Cardio Vascular Surgery and the latter used in Ophthalmic Surgery. By Notification No. 339/86-CE dated 11/6/1986 issued under sub-rule (1 of Rule 8 of the central Excise Rules, 1944, (hereinafter called "the Rules") certain life-saving equipments were exempt from the whole of the duty of excise leviable thereon. The exact text of the notification may be reproduced at this stage. "Exemption to Medical and Surgical Instruments and Apparatus etc.-In exercise of the powers conferred by sub-rule (1 of Rule 8 of the central Excise Rules, 1944, the central government hereby exempts medical and surgical instruments and apparatus and parts and accessories thereof of the description specified in the Schedule hereto annexed and falling within Ch. 90 of the Schedule to the central Excise Tariff Act, 1985 (5 of 1986, from the whole of the duty of excise leviable thereon which is specified in the said Schedule. "
(2.) It may be mentioned that Cardio Vascular Sutures have been shown at Serial No. 4 in the Schedule appended to the said notification.
(3.) By another Notification No. 60/93-CE dated 28/2/1993 certain sight- saving equipments specified in the table thereto and falling within Ch. 90 of the Schedule to the central Excise Tariff Act, 1985 came to be exempted from the whole of the duty of excise leviable thereon. The exact text of that notification may also be produced for ready reference. It reads as under: "Exemption to specified sight-saving equipments.-In exercise of the powers conferred by Ss. (1 of Section 5-A of the Central Excises and Salt Act, 1944 (I of 1944, the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods of the description specified in the Table hereto annexed and falling within Ch. 90 of the Schedule to the central Excise Tariff Act, 1985 (5 of 1986, from the whole of the duty of excise leviable thereon which is specified in the said Schedule. ";


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