Pepsi Foods Ltd. vs Commr. Of Cus. And C. Ex. on 26 September, 2002
In CCE, Lucknow v. Tiemac Snack Food P. Ltd. [2002 (143) E.L.T. 325 (T) = 2002 (50) RLT 28], the classification of almost similar items/products (Monginis namkeen snack foods, peppy namkeen foods, rompa chompa golmol namkeen, hello namkeen snack foods) was sought by the Revenue under Heading 19.04 of the CETA, while the assessees wanted classification under Heading 21.08. The Tribunal after referring to both these Headings and the ingredients involved in the manufacture of the products, observed that the products were not classifiable under Heading 19.04 of the CETA, but under Heading 21.08. The ratio of the law laid down in that case squarely covers the items/products of the appellants for classification under Heading 21.08 of the CETA. Even the learned SDR has not disputed this position.