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2001 (6) TMI 554

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..... es from the parent Organisation in UK to be supplied free of charge, claiming classification under Heading 4901.99 read with Notification 25/1995 at NIL rate. The Authorities below assessed the goods under 4911.10 and demanded duty which was paid under protest. The present appeal is against this classification, of the Lower Authorities. 2. We have heard both and find - (a) The entity under dispute, is in the form of a paper back bound book form titled The World of RCI Holidays. On perusal of the same it is found to be for a particular year. [The sample produced by the Advocate is for the year 1994/95 consisting of pages 1 to 372 (including the covers)]. On the Cover Inner page is index having the Contents : Listed with the page N .....

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..... as found - A perusal of copy of the publication indicates that the publication is in the nature of publicity for various types of holiday resorts especially in various countries and the arrangements which exist and the advantages that can be accrued for banking holidays for various places. The publication indicates that even though in a number of cases, their holiday resorts are not completed at the same are advertised in the publication. For it to be a mere directory, it should have the details of only those resorts which exist at present, prima facie publishing the details of resorts which are under process of construction becomes more in the nature of publicity. For mere a directory, this type of offer need not be made. The Or .....

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..... include periodicals published by or for named industrial concerns (e.g., motor car manufacturers) to promote interest in their products, staff journals normally having circulation only within the industrial, etc., organizations concerned and periodicals such as fashion magazines which may be issued by a trade or an association for publicity purposes. Parts of large works (such as books of reference) sometimes published in weekly, fortnightly, etc., instalments over a limited and predetermined period are not regarded as periodicals but are classified in Heading 49.01.] Supplements such as pictures, patterns etc., issued with newspapers or periodicals and normally sold therewith, are regarded as forming part of the publication. Waste p .....

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