Depreciation and routine compliance expenses disallowance did not prove inaccurate particulars or misreporting; penalty sustained only on foreign trav...
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The CESTAT held that the animal feed supplements containing ingredients like calcium, magnesium, phosphorus, vitamin B12 and vitamin D3 are appropriately classified under Heading 2309 and Tariff Item No. 23099090 of the Central Excise Tariff Act, 1985. The Tribunal observed that the subject goods are nutrient supplements not mentioned in the pharmacopoeias and not prescribed by veterinary doctors for curing ailments, despite prescribed doses. Relying on the Supreme Court's ruling that the burden to prove correct classification lies on the Revenue, the Tribunal set aside the impugned order as the Revenue failed to discharge this burden. The Tribunal upheld its earlier decision in Dabur India Ltd. case classifying similar products as animal feed supplements.
The CESTAT held that the animal feed supplements containing ingredients like calcium, magnesium, phosphorus, vitamin B12 and vitamin D3 are appropriately classified under Heading 2309 and Tariff Item No. 23099090 of the Central Excise Tariff Act, 1985. The Tribunal observed that the subject goods are nutrient supplements not mentioned in the pharmacopoeias and not prescribed by veterinary doctors for curing ailments, despite prescribed doses. Relying on the Supreme Court's ruling that the burden to prove correct classification lies on the Revenue, the Tribunal set aside the impugned order as the Revenue failed to discharge this burden. The Tribunal upheld its earlier decision in Dabur India Ltd. case classifying similar products as animal feed supplements.
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