Supreme Court · 2009 INSC 488 · Decided 13 April 2009

Commissioner of Central Excise, Nagpur v. Shree Baidyanath Ayurved Bhawan LTD.

Court
Supreme Court of India
Citation
2009 INSC 488 · [2009] 5 S.C.R. 879
Case number
CIVIL APPEAL No. 4048/2001
Decided
13 April 2009
Bench
D.K. JAIN, RAJENDRA MAL LODHA (2-judge bench)
Outcome
Disposed off
Case type
Civil

Headnote

Central Excise Tariff Act, 1985: B Classification - Dant Manjan Lal - Held: Is tooth powder c and specifically covered by Chapter SH 3306 and not under Chapter SH 3003.31 as medicament- It is used routinely for dental hygiene - By virtue of note 1(d) of Chapter 30, even if the product _or medicinal prop~rties, it stands excluded from Chapter 30 - Common parlance test 0 continues to be determinative test for classification of product either medicament or cosmetic - Drugs and Cosmetics Act, 1940 - s.3(a) - Interpretative Rules - Rule 3(a). Change in classification - Criteria

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