Supreme Court · 2003 INSC 267 · Decided 30 April 2003

Commissioner of Central Excise, Calcutta v. M/S. Sharma Chemical Works

Court
Supreme Court of India
Citation
2003 INSC 267 · [2003] 3 S.C.R. 1027
Case number
CIVIL APPEAL No. 7610/1999
Decided
30 April 2003
Bench
S.N. VARIAVA, BRIJESH KUMAR (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Cemral Excise Tariff Act, 1985; Tariff Item Nos. 3305.10 and 3303.30 and Circular daled 5. I 2. I 991: B Classification-Principles-Producl "Banphool Oil'- 'Medicament' or C 'Perfi1med I-lair Oil'-Tribunal held the product as Ayurvedic Medicament- On appeal, f-leld: Neither the proportion of nor selling by prescription necessarily de/ermines its classification-Product could be classified as medicament when it contains all the ingredients prescribed in the Medicine Text Books or the D proprietai:v formula patented or by the use of !he product -Burden to prove is on Revenue-However,

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