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TMI Blog2015 (4) TMI 1013X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 (12) TMI 151 - CESTAT, AHMEDABAD]. Following the same, impugned order is set aside - Decided in favour of assessee. - Appeal No.C/155/2007-DB - Order No. A/10303 / 2015 - Dated:- 8-4-2015 - Mr. P.K. Das and Mr. H.K. Thakur, JJ. For The Appellant: Shri P.D. Rachch, Advocate For The Respondent: Shri T.K. Sikdar, Authorised Representative Per: P.K. Das 1. The Appellant importe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rgarine, edible mixtures or preparation of animal or vegetable fats or oils wholly fall under heading 15.16, which are other than the edible fats or oils for their fractions of heading 15.16. In the instant case, it is absolutely clear that the goods merit classification under 15.16 and need not to go to the Chapter 15.17. We find that, for classifying the goods under Chapter heading 1517, it woul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the conclusion reached by the High Court is fully in accord with the decisions of this Court and the same is justified in law. The burden of proof is on the taxing authorities to show that the particular case or item S4in question, is taxable in the manner claimed by them. Mere assertion in that regard is of no avail. It has been held by this Court that there should be material to enter appropri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act. The Revenue has failed to establish the contrary. We would do well to remember the guidelines laid down by this Court in Dunlop India Ltd. v. Union of India [1983 (13) E.L.T. 1566 (S.C.) = (AIR 1977 SC 597 - at page 607)], in such a situation, wherein it was stated:- When an article has, by all standards, a reasonable claim to be classified under an enumerated item in the Tariff Schedule ..... X X X X Extracts X X X X X X X X Extracts X X X X
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