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    <title>2009 (3) TMI 173 - CESTAT, AHMEDABAD</title>
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    <description>A nutrient tonic made chiefly of malt extract, with added vitamins and minerals, was held not to be a medicament under Chapter 30 because it was marketed for daily consumption, carried no indication of disease-specific treatment, and retained the character of a food preparation under heading 19.01. The demand for the earlier period was time-barred since the product and classification details had been disclosed, so suppression or wilful misstatement could not be inferred; penalties were therefore unsustainable. For the surviving period, duty was directed to be recomputed on a cum-duty basis with the statutory deduction applied.</description>
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      <link>https://www.taxtmi.com/caselaws?id=35195</link>
      <description>A nutrient tonic made chiefly of malt extract, with added vitamins and minerals, was held not to be a medicament under Chapter 30 because it was marketed for daily consumption, carried no indication of disease-specific treatment, and retained the character of a food preparation under heading 19.01. The demand for the earlier period was time-barred since the product and classification details had been disclosed, so suppression or wilful misstatement could not be inferred; penalties were therefore unsustainable. For the surviving period, duty was directed to be recomputed on a cum-duty basis with the statutory deduction applied.</description>
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