Tribunal reclassifies NIDO Nutritious Milk under Tariff Heading 0404 90 00, not 1901 90 90.

The Tribunal set aside the Commissioner's order and allowed the appeal, classifying NIDO Nutritious Milk under Tariff Heading 0404 90 00 instead of 1901 90 90. The addition of artificial flavoring did not alter the essential nature of the product, which remained a nutritious milk drink. Relying on HSN Notes and previous case laws, the Tribunal concluded that the product should be classified under Chapter 4, not Chapter 19. The appeal was allowed based on this classification, overturning the initial order.

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Issues: Classification of goods under Central Excise Tariff Act, 1985

Detailed Analysis:
1. Issue: Classification of NIDO Nutritious Milk for growing kids under the Central Excise Tariff Act, 1985.
- Summary: The appeal was filed against the Order-in-Original passed by the Commissioner of Central Excise, New Delhi, disputing the classification of NIDO Nutritious Milk under Tariff Item 0404 90 00 instead of 1901 90 90.
- Analysis: The Department argued that the product should be classified under Tariff Heading 1901 due to the addition of flavor, which they claimed was not permitted under Tariff Heading 0404. The assessee-Appellants contested this, stating that the addition of a small quantity of artificial flavoring substance did not change the essential nature of the product from what is covered under 0404. They relied on previous Tribunal decisions to support their classification.

2. Issue: Interpretation of HSN Notes and relevant case laws.
- Summary: The Tribunal referred to the HSN Notes of tariff headings 0404 and 1901 to determine the appropriate classification for the product.
- Analysis: The Tribunal analyzed the HSN Notes and previous case laws to conclude that the addition of artificial flavoring substance did not warrant a shift in classification from Chapter 4 to Chapter 19. They highlighted that the product remained a nutritious milk drink even with the addition of flavor, and thus should be classified under Tariff Heading 0404 90 00.

3. Outcome: Decision and order of the Tribunal.
- Summary: The Tribunal set aside the impugned order and allowed the appeal filed by the assessee-Appellants.
- Analysis: Based on the interpretation of the HSN Notes and relevant case laws, the Tribunal determined that the appropriate classification for the NIDO Nutritious Milk for growing kids was under Tariff Heading 0404 90 00 of the Central Excise Tariff Act, 1985. Therefore, the impugned order was set aside, and the appeal was allowed.

This detailed analysis of the judgment highlights the issues of classification under the Central Excise Tariff Act, the interpretation of relevant provisions and case laws, and the ultimate decision of the Tribunal in favor of the assessee-Appellants.

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