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november 2003

Supreme Court of India · 2003-11-11

M/S.NATURALLE HEALTH PRODUCTS (P)LTD. vs COLLECTOR OF CENTRAL EXCISE, HYDERABAD

Citation / case number
SC 1996/715
Court
Supreme Court of India
Petitioner
M/S.NATURALLE HEALTH PRODUCTS (P)LTD.
Respondent
COLLECTOR OF CENTRAL EXCISE, HYDERABAD
Author
AR. Lakshmanan
Bench
DR. AR. LAKSHMANAN P. VENKATARAMA REDDI

Judgment text excerpt

The Supreme Court addressed the classification of medicated cough drops and throat drops under the Drugs and Cosmetics Act, 1940 and the Central Excise Tariff. It held that the products in question, manufactured under a loan licence for Ayurvedic drugs, should be classified as Ayurvedic Medicaments under sub-heading 3003.30, thereby attracting nil rate duty, rather than as Patent or Proprietary Medicaments under sub-heading 3003.10, which incurs a 15% duty. The Court emphasized the importance of proper classification for excise duty purposes, ultimately ruling in favor of the appellants.

M/S.NATURALLE HEALTH PRODUCTS (P)LTD. vs COLLECTOR OF CENTRAL EXCISE, HYDERABAD · Niyam