Dealers Of Frito Lays In Mumbai

Bengal is competing against dynamic states: Blake to CM

Blake also called on Chief Minister Mamata Banerjee at Writers’ Buildings and reiterated the importance of a good law and order environment to attract investors.

Earlier, addressing a business gathering here today, Blake showcased US PepsiCo’s Frito-Lay food processing plant, 20 km from Kolkata, as a unique success story of collaboration between the two sides.

The assistant secretary said that PepsiCo came to Bengal in 2004 and introduced a partnership-farming concept with an “assured buyback” programme with local potato farmers. It also supported the farmers in upgrading farm practices. Since then, the company’s initial group of 140 farmers has grown to more than 12,000, supplying 35,000 tons of potatoes a year. Bengal now has one of the highest yields in India among Frito-Lay-assisted potato cultivators. Banks are extending low-cost credit to farmers because they trust the Frito-Lay-farmer partnership.

Blake said that while many opportunities had unfolded, one should realise that “you are competing against other dynamic states like Gujarat and Maharashtra. So it is important for West Bengal to actively market itself... That’s your job. You have to promote yourself.” He was asked if east India, including Bengal, fell off the US radar when it came to issues of bilateral cooperation, where Mumbai and Delhi featured so prominently.

On the energy front, Blake said Kolkata, with the Coal India headquarters in the city, played a significant role in securing India’s energy requirements. The company accounts for more than 80 per cent coal production in the country. Coal India also buys hundreds of millions of dollars worth of state-of-the art American mining machinery, supporting thousands of American jobs while improving the company’s mining efficiency.

Blake acknowledged a distinct entrepreneurial and business spirit in Bengal. “Kolkata is a city on the move, where the tremendous potential for growth will be realized by the next generation of young entrepreneurs who are seeking to shape the destiny of this city,” he said.

During her meeting with Mamata, the US diplomat enquired about the Maoist problem in the state.

Commnr. Of Central Excise, ... vs M/S. Pepsi Foods Ltd. on 10 ...

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOs. 1921-1923 OF 2003 Commnr. of Central Excise, Chandigarh ..Appellant(s) - Versus -

M/s. Pepsi Foods Ltd. ..Respondent(s) J U D G M E N T

GANGULY, J.

1. These statutory appeals (Civil Appeal Nos. 1921-1923 of 2003) have been filed under Section 35-L (b) of the Central Excise Act, 1944 (the Act), against the judgment and final Order No. 353-355/2002-A, dated 8th August, 2002, passed by the Customs, Excise and Gold 1

 (Control) Appellate Tribunal, Bench-A, New Delhi.

2. The material facts are that the respondent- assessee, M/s. Pepsi Foods Ltd. is engaged, inter alia, in the manufacture of edibles, marketed under the names of Potato Chips, Baked Cheetos Balls, Monster Munch, etc. These are covered under Chapter Sub-Headings 2001.10 and 1904.10 of the Central Excise Tariff Act, 1985 (Act 5 of 1986). Uptill 12th January, 1998, as much as 96% of these products manufactured by the respondent, were sold to M/s. Frito-Lay India, a `related person', and the balance of 4% were sold to independent wholesale buyers. From 12th January, 1998, the sale pattern between the two was changed, wherein M/s. Pepsi Foods Ltd. started manufacturing the aforesaid products on behalf of M/s. Frito-Lay India.

2

3. By a communication dated 15th December, 1997 addressed to the Assistant Commissioner, Central Excise, Division Jalandhar, the respondent stated that it had been paying excise duty on its manufactured excisable goods after taking into account inter alia, the costs of raw materials, packing materials, conversions and their profit margin. Subsequently it calculated and paid the differential duty, on the price at which the final products were sold by M/s. Frito-Lay India to its wholesale dealers. It enclosed certificate of a chartered accountant in support of its calculations. In its submission of Annexure-A as required under Rule 173C (3A) of Central Excise Rules, 1944, it mentioned that the sale of the products occurred at its factory gate.

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