9911796707
TMI Blog1994 (9) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... iming exemption under Notification No. 104/82. While holding it as classifiable under TI 68 the Assistant Collector denied the benefit of Notification Nos. 104/82 and 234/82. 4. The Collector (Appeals) allowed the respondents appeal treating the item as a prepared and preserved food under Tariff Item 1B eligible for exemption under Notification No. 17/70. 5. Learned D.R. stated that Learned Collector (Appeals) has erred in doing so. The Tariff Item No. 1B of CET deals with P P food put up in unit containers. The term `food is not defined under TI 1B. However, Government of India, in its order in revision No. 702/80 in the case of M/s. Asian Chemicals Works, reported in 1982 (10) E.L.T. 609A (GOI), has relied upon the observations of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Item No. 1B of CET and the specified items described in the notification issued under Rule 8(1) may be held that the product in question is not P or P food therefore will fall under TI 68 of CET. Under TI 68, various kinds of food products and food preparations are exempted under Notification No. 234/82, dated 1-11-1982 as amended. However the product in question is food supplement and the food supplement cannot be treated as food product or food preparation; hence it will not be eligible for exemption under the notification. 6. According to the respondents their product is neither drug nor a medicine. It was their contention that their product is a food product without any maltextract, although it was in the nature of a food suppleme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preparations and it is not hit by the proviso. 10. We have considered the above submissions. We find that the product in question is a preparation in the nature of a tonic normally taken as food supplement. However this preparation is not of a type normally considered as `Prepared or Preserved foods but in the nature of a synthetic product prepared by combining or mixing various chemical ingredients in specified proportions. 11. In the post-February 1986 tariff such `tonic beverages have been specifically excluded from Chapter 30 `Pharmaceutical products by Chapter Note 1(a) which reads as follows : This chapter does not cover :- (a) Foods or beverages (such as, dietetic, diabetic or fortified foods, food supplements, tonic beve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 1B and in the absence of any other suitable heading were classifiable under residual Item 68 only. 16. It is noteworthy that initially the appellants had themselves maintained that their product was classifiable under Tariff Item 68 and the Assistant Collector had also classified it under TI 68 and correctly so. 17. The question which falls for further consideration in the above context is whether the benefit of Notification No. 234/82 could be extended, in view of the above classification. In this respect it is found that the D.R. is correct in pleading that it is not a food product or food preparation of the type listed in the Schedule to this Notification although it is an edible preparation used as a food supplement. 18. In view ..... X X X X Extracts X X X X X X X X Extracts X X X X
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