2011 (2) TMI 1084

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....cate, For Respondent Per : P.R. Chandrasekharan     This is a departmental appeal filed against the Order-in-Appeal No. YG (731-732) 27-28/MV/2008 dated 31.10.2008 passed by the Commissioner of Central Excise (Appeals), Mumbai. 2. The issue relates to classification of 'non-vegetable pizza' and 'chicken wings' i.e. whether it is classifiable under Heading 1601.10 of Cent....

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.... attracting  duty of 16% ad valerom. Accordingly, they demanded a duty of Rs. 13,18,349/-.  The case was adjudicated by the Joint Commissioner of Central Excise, Mumbai vide order-in-original No. 421-423/31-33/V/2007/JC/KNP dated 28.12.2007 who confirmed the classification of the product under Heading 1610.10 of CETA, 1985 and also confirmed the duty demand along with interest thereon.&n....

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....nd pizzas so prepared as per the customer choice are put in a card board box for take away purposes.   In support of his contention, the Commissioner (Appeals) placed reliance on the decision of the Tribunal in the case of CCE vs. Shalimar Super Foods - 2007 (210) ELT 695 (Mum.).  3. M/S. Dodsal Corporation Pvt. Ltd., the respondent submits that the issue has already been decide....