9911796707
TMI Blog2001 (9) TMI 402X X X X Extracts X X X X X X X X Extracts X X X X ..... ny. This affidavit is accompanied by a copy of the Fresh Certificate of Incorporation dated 5-5-2000 filed before the Registrar of Companies Rajasthan, Jaipur in which it is certified that the name of the company is changed with effect from this date from M/s. Dalmia Industries Ltd. to M/s. Bharatpur Nutritional Products Ltd. 2. In view of the evidence on record, the miscellaneous petition requesting for the change of the cause title as per the above request is allowed. 3. The facts of the case are that the appellants are manufacturing a product viz. Dil Herbal Mix 2. They classified the product under Chapter Heading 3003.39 claiming it as an Ayurvedic medicine subject to the duty @ 8% ad valorem. The Departmental authorities, h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... caking agent and does not have any therapeutic value in the product under consideration. Therefore, it is contended that notwithstanding the presence of this compound in the product under consideration, it would not affect its quality and the classification as an Ayurvedic medicine subject to the corresponding rate of duty. In support of her contention, learned Counsel relies on the following case law: 1. Panama Chemical Works v. Union of India - 1992 (62) E.L.T. 241 (MP) 2. Dabur India Ltd. v. CCE, Meerut - 1994 (71) E.L.T. 1069 (Tribunal) As regards the financial position of the appellants, learned Counsel for the appellants submits that the case of the appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... BIFR. It is further observed from their profit and loss account that for the year 2000-2001, they have reflected a total income of Rs. 1,33,00,000/- and a substantial part of their loss is constituted of the depreciation of Rs. 70.66 lakhs which is only notional. Keeping these facts in view, it is felt that no hardship will be caused to the appellants if they are called upon to make a pre-deposit of Rs. 2 lakhs as a part of the duty amount confirmed on them. Accordingly, we direct the appellants to make a pre-deposit of Rs. 2 lakhs on or before 12-11-2001. On making such deposit, the pre-deposit of the balance amount of duty and the penalty imposed on the appellants shall stand waived and its recovery stayed. The matter will be called for r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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