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april 2003

Supreme Court of India · 2003-04-30

COMMNR. OF CENTRAL EXCISE, CALCUTTA vs M/S. PANDIT D.P. SHARMA

Citation / case number
SC 2000/16163
Court
Supreme Court of India
Petitioner
COMMNR. OF CENTRAL EXCISE, CALCUTTA
Respondent
M/S. PANDIT D.P. SHARMA
Bench
S.N. VARIAVA & BRIJESH KUMAR

Judgment text excerpt

The case involves a dispute over the classification of 'Himtaj oil' for excise duty purposes, specifically whether it should be categorized as an Ayurvedic medicine under subheading 3003.30 or as perfumed hair oil under subheading 3305.10. The Assistant Collector had previously accepted the classification as an Ayurvedic medicine based on drug licenses, expert reports, and market inquiries. The Supreme Court was tasked with reviewing the appeal filed by the Commissioner of Central Excise against the Tribunal's decision upholding this classification.

COMMNR. OF CENTRAL EXCISE, CALCUTTA vs M/S. PANDIT D.P. SHARMA · Niyam