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2011 (4) TMI 1101 - CESTAT, MUMBAIWhether Pizza manufactured by the appellants is classifiable under Chapter 19 as classified by the appellants or as classifiable under Chapter 16 as department sought to classify – Held that:- issue has been settled by this Tribunal in the case of Dodsal Corporation Pvt. Ltd. (2010 - TMI - 203831 - CESTAT, BANGALORE), wherein this Tribunal has held that Pizza cannot be brought under sub-heading 1601.10 for the reason that pizza has a topping of chicken along with other ingredients. It was held that paper carton bearing the logo of Pizza Hut is used mainly for packing and transportation of the pizzas from the outlet to the place where the pizza is consumed. Therefore, it was held that the pizza cannot be classified under Chapter 16 of the Central Excise Tariff Act, 1985, orders are set aside and the appeals are allowed with consequential relief, if any
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