9911796707
TMI Blog2003 (4) TMI 302X X X X Extracts X X X X X X X X Extracts X X X X ..... R, for the Respondent. [Order per : C. Satapathy, Member (T)]. - Shri Rajesh Chander Kumar, learned Advocate for the appellants states as follows :- The appellants are engaged in manufacture of "Edible Preparations" with due Central Excise Registration. The present proceedings relate to their products - "Ten-0-Lip and Ten-0-Tube" falling under Chapter Heading 2108.99 of the Schedule to the Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... instant food mixes for consumption after processing (such as cooking, dissolving or boiling in water, milk etc.)" as in Sl. No. 7 of Notification No. 5/98, dated 2-6-98, providing for concessional rate of excise duty at 8%, further stating that they are not availing Modvat credit on the inputs, which is the condition laid down in the Notification for availing the concession. 2. He further st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -stuffs' is made of two expressions, 'food' plus 'stuff' In other words, the stuff which is used as food would be food stuff. Therefore, food-stuff is that which is taken into the system to maintain life and growth and to supply waste of tissue. If the raw foodstuff with a view to making it consumable by human being undergoes a change of its conditions by the process of cooking, the derivative is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al No. 7 of the table annexed to Notification 5/98 reads as, "Preparations in the nature of instant food mixes for consumption after processing (such as cooking, dissolving or boiling in water, milk, etc.)". It is seen that there is no dispute about the classification of the products under Heading 21.08 referred to under the said Sl. No. 7. The description under Sl. No. 7 is very wide and includes ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
