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    <title>2005 (8) TMI 491 - CESTAT, MUMBAI</title>
    <link>https://www.taxtmi.com/caselaws?id=116512</link>
    <description>An exemption notification defining &quot;ice-cream&quot; was construed on its own terms, requiring the goods to be commonly known as ice-cream or kulfi and to use milk, cream or another milk product. The lower authorities wrongly relied on the Prevention of Food Adulteration Act&#039;s 10% milk-fat standard, but the applicable notification could not be read by importing a different statutory definition. On the recorded facts, the products were marketed and cleared as other than ice-cream, and no evidence showed common parlance treatment as ice-cream. The notification&#039;s first condition was therefore not met, so the exemption remained available and the revenue appeals failed.</description>
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    <pubDate>Thu, 25 Aug 2005 00:00:00 +0530</pubDate>
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      <title>2005 (8) TMI 491 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=116512</link>
      <description>An exemption notification defining &quot;ice-cream&quot; was construed on its own terms, requiring the goods to be commonly known as ice-cream or kulfi and to use milk, cream or another milk product. The lower authorities wrongly relied on the Prevention of Food Adulteration Act&#039;s 10% milk-fat standard, but the applicable notification could not be read by importing a different statutory definition. On the recorded facts, the products were marketed and cleared as other than ice-cream, and no evidence showed common parlance treatment as ice-cream. The notification&#039;s first condition was therefore not met, so the exemption remained available and the revenue appeals failed.</description>
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      <pubDate>Thu, 25 Aug 2005 00:00:00 +0530</pubDate>
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