Supreme Court of India · 1990-07-12
DABUR INDIA LTD AND ANR. vs STATE OF UTTAR PRADESH AND ORS.
- Citation / case number
- SC 1987/71086
- Court
- Supreme Court of India
- Petitioner
- DABUR INDIA LTD AND ANR.
- Respondent
- STATE OF UTTAR PRADESH AND ORS.
- Author
- SABYASACHI () MUKHARJI
- Bench
- SABYASACHI (CJ) MUKHARJI
Judgment text excerpt
The Supreme Court held that the classification of 'Homeodent' toothpaste under the Central Excises and Salt Act, 1944, and the Medicinal & Toilet Preparations (Excise Duties) Act, 1955, was erroneous as it was deemed a toilet preparation containing alcohol, thus liable for excise duty. The Court emphasized the necessity of adhering to principles of natural justice, as the demand for excise duty was made without a show cause notice or hearing. The Court upheld the Central Government's decision to nullify the earlier orders due to procedural violations, thereby favoring the petitioner, M/s Dabur India Limited.