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march 2003

Supreme Court of India · 2003-03-25

M/S Sunny Industries Private Ltd vs Collector Of Central Excise, Calcutta

Citation / case number
AIR 2003 SUPREME COURT 2218
Court
Supreme Court of India
Petitioner
M/S Sunny Industries Private Ltd
Respondent
Collector Of Central Excise, Calcutta
Bench
M.B. Shah, Arun Kumar

Judgment text excerpt

The Supreme Court examined the classification of Ad-vitamin Massage Oil Forte under the Central Excise and Salt Act, 1944, specifically under Tariff Item No. 30.03 as patent or proprietary medicine versus Tariff Item No. 33.04 as cosmetic goods. The Court upheld the Tribunal's decision that the product is classified as a cosmetic, emphasizing that the classification must align with tariff descriptions rather than licensing under the Drug Control Act. The appeal was dismissed, affirming the lower authorities' classification of the product as a cosmetic under sub-heading 3304.00.

M/S Sunny Industries Private Ltd vs Collector Of Central Excise, Calcutta · Niyam