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TMI Blog2008 (10) TMI 496X X X X Extracts X X X X X X X X Extracts X X X X ..... it Jain, DR, for the Respondent. [Order per : P.K. Das, Member (J)]. - The Applicants filed these applications for waiver of pre-deposit of duty of Rs. 92,97,427/- and penalties and personal penalty on Shri Rajiv Bahi, Director of the Applicant Company. 2. The dispute relates to classification of Milk Shake Mixes and Flavoured Syrups/Fruit Syrups under heading No. 04.04 and Chapter 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al. He further submits that the Applicant already deposited a sum of Rs. 26,00,000/- approximately against the demand of duty. 4. Ld. DR on behalf of the Revenue reiterates the findings of the Commissioner of Central Excise. He submits that Milk Shake Mixture is a preparation of fruit and, therefore, it would be classifiable under Chapter 19. He submits that in the present case, the goods in que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I reported in 2006 (202) E.L.T. (Tribunal-Delhi) wherein it was held that Milk based products (milk shake mix, soft serve mix, coffee creamer and cream packed) with sugar and dextrose as stabilizers to maintain consistency and shelf life are classifiable under sub-heading 040490 of Central Excise Tariff. The assessee in the present case have also relied upon this case in support of their contentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contended by the Applicant that the products viz. Strawberry Syrup, Kiwi Syrup, Lime Ginger Syrup, Mango Syrup, Pinacolada Mix, Lamon Margarita Syrup and Strawberry Margarita Syrup are not flavoured or synthetic syrups, but in fact are fruit syrups. It is seen from the impugned order that there is no dispute of classification of flavoured syrup, other than fruit found under Chapter 21. We find t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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