(1.) Whether 'beer' is a 'food article' within the meaning of an Exemption Notification No. 125/86-Cus., dated 17-2-1986 has fallen for our decision in this appeal. The said notification reads thus :-
(2.) The writ petitioner is a company registered and incorporated under the Companies Act. It imported a fully automatic bottle labelling machine. The petitioner contend that the said machine is classifiable under Section IV of the First Schedule appended to the Customs Tariff Act, 1975, and, thus eligible for exemption from payment of customs duty in terms of the aforementioned notification.
(3.) It is not disputed that under the said notification exemption from customs duty have been granted to the goods specified in Column 2 of the Table annexed thereto when imported into India for use in processing/packaging of food articles. The petitioner has contended that beer is a food article on the following grounds :-