JUDGEMENT
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(1.) The short question which arises for determination
in this Civil Appeal filed by the Department
is: whether the subject product "Cheetos
Masala Balls", "Cheetos Cheese Puff" and
"Cheetos X & O" is classifiable under Chapter
Sub Heading 1904.10 (CSH) as is contended
on behalf of the Department; or whether it falls
under CSH 2108.00 (which is residuary Entry)
as contended on behalf of the assessee.
(2.) Heard both sides. At the outset, it may be
stated that in this Civil Appeal we are concerned
with the period December 2003 to August,
2005.
(3.) For the sake of convenience we quote hereinbelow
the relevant provisions :
"CHAPTER 19
Preparations of Cereals, Flour, Starch or
Milk; Pastry Cooks' Products
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