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march 2006

Supreme Court of India · 2006-03-08

M/S. Puma Ayurvedic Herbal (P) Ltd vs Commissioner, Central Excise, Nagpur

Citation / case number
AIR 2006 SUPREME COURT 1561
Court
Supreme Court of India
Petitioner
M/S. Puma Ayurvedic Herbal (P) Ltd
Respondent
Commissioner, Central Excise, Nagpur
Author
Arun Kumar
Bench
Ashok Bhan, Arun Kumar

Judgment text excerpt

The Supreme Court addressed the classification of Ayurvedic products under the Central Excise Tariff Act, 1985, determining whether they should be categorized as medicaments under Chapter 30 or cosmetics under Chapter 33. The Court established a twin test for classification: (1) the common parlance test, assessing whether the product is understood as a medicament, and (2) whether the ingredients are recognized in authoritative Ayurvedic texts. The Court held that the products in question were indeed medicaments, thus attracting nil excise duty, and overturned the prior classification as cosmetics.

M/S. Puma Ayurvedic Herbal (P) Ltd vs Commissioner, Central Excise, Nagpur · Niyam