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Withdrawal of Order under 37B of Central Excise Act, 1944 on classification of Coconut Oil packed in small containers

Central Excise - 1007/14/2015-CX - Dated:- 12-10-2015 - Circular No. 1007/14/2015-CX F. No. 103/01/2015-CX-3 Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs New Delhi, 12th October, 2015 To Principa .....

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ention is invited to Circular No. 890/10/2009 dated 3.6.2009 by which Board (CBEC) issued Order under Section 37B on classification of Coconut Oil packed in containers of the sizes up to 200ml. References have been received on the subject from field .....

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. 2. The issue has been examined and it has been noted that there are decisions on the issue by Hon'ble Tribunals/ Courts wherein it has been held that just because the retail packs of Coconut Oil are in sizes of 200 ml or less, the same cannot b .....

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CESTAT], Hon'ble Tribunal held that edible Coconut Oil in retail packing of 200ml or less is classifiable under Chapter 15 covering Animal or Vegetable Fats and Oils and not under Chapter 33 covering Cosmetics and Toilet Preparation. Civil Appeal .....

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nal examined the issue of classification of Coconut Oil packed in retail packs of 50 ml, 100 ml, 200 ml and 500 ml. After discussing the amendments to Chapter note 3 to Chapter 33 and Section Note 2 to Section VI w.e.f 28.02.2005, Tribunal held that .....

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