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    Transfer under joint development agreements requires enforceable, irrevocable divestment of property rights before capital gains can arise.
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      Central Excise

      Classification of goods - Health mix, Dia Mix, Dia Food, Ragi...

      Product Classification Dispute: CESTAT Overrules Revenue on Health Mix, Ragi Malt, and Badam Mix Excise Demands.

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      Central ExciseAugust 9, 2024Case LawsAT
      Classification of goods - Health mix, Dia Mix, Dia Food, Ragi Malt, Badam Mix as instant food preparations - Valuation u/s 4A of CEA 1944 - Non-clubbing of clearances by two entities from same factory - Extended period and penalties invoked. Health Mix classified under 1904 1090 by revenue, appellant contended it's a food substitute comprising cereals, pulses, nuts, sugar, and spices, not in flakes or grains, hence not classifiable under Chapter 1904. Dia Mix and Dia Food classification demands dropped by revenue. Ragi Malt and Badam Mix initially classified under 2106 1000, later changed to 2106 9099 and 1901 9090 respectively by revenue. Department failed to prove correct classification, demand and penalties set aside. Revised valuation and clubbing of clearances not sustainable. Appeal allowed by CESTAT.

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      ActsIncome Tax