9911796707
TMI Blog2017 (4) TMI 1481X X X X Extracts X X X X X X X X Extracts X X X X ..... including "NESLAC Nutritious Milk Drink for growing kids". The appellant cleared the goods without payment of duty buy classifying the same under tariff item 0404 90 00 of the Central Excise Tariff Act, 1985. However, the department was of the view that the addition of flavour in the product would take it out of CETH 0404. Accordingly, the department sought the demand of duty on the NESLAC Nutritious milk drink classifying the same under tariff heading 1901. After issuing the show cause notice, the department has demanded the duty. Being aggrieved, the present appeal is filed by the appellant. 3. With this background, we heard Sh. Anurag Kapoor, ld. Advocate for the assessee and Shri M.R. Sharma, ld. AR for the Revenue. We also perused th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Chapter 1901 only when natural milk constituents are added with other items such as cereal, groats, yeast etc. or the milk constituent is replaced by another substance such as oleic fats. From what is stated before us, we are convinced that this is not a case. Addition of small quantity of artificial flavouring substance does not change the essential nature of the product from what is covered under 0404. It does not make it a food preparation of milk instead of a "product consisting of natural milk constituent". In this view of the matter, there is no justification to shift the classification of the main product from 0404 to 1901, on account of addition of a minuscule quantity of flavouring substance. 10. The appellant has relied upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held classifiable under the tariff heading 0404 by CESTAT as well as the Hon'ble Supreme Court on the ground that stabilizers do not interfere with basic characteristics of the milk products and are added merely to impart stability to the product. The same analogy can be drawn in the present case where flavouring agent of 0.03% of the total composition is added, which does not change the basic characteristic of the product and the product remains a nutritious milk drink only". 6 . By following our earlier order (supra), we are of the view that the proper classification for the impugned goods will be under heading 0404 90 00 of the Central Excise Tariff Act, 1985 as claimed by the appellant. 7. In the result, we set-aside the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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