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march 2006

Supreme Court of India · 2006-03-08

PUMA AYURVEDIC HERBAL (P) LTD. vs COMMNR., CENTRAL EXCISE, NAGPUR

Citation / case number
SC 2003/13293
Court
Supreme Court of India
Petitioner
PUMA AYURVEDIC HERBAL (P) LTD.
Respondent
COMMNR., CENTRAL EXCISE, NAGPUR
Author
Arun Kumar
Bench
ARUN KUMAR ASHOK BHAN

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) whether the product is commonly understood as a medicament, and (2) whether its ingredients are recognized in authoritative Ayurvedic texts. The Court held that the products in question, intended for therapeutic use, should be classified as medicaments, thereby attracting nil excise duty, and overturned the previous classification as cosmetics.

PUMA AYURVEDIC HERBAL (P) LTD. vs COMMNR., CENTRAL EXCISE, NAGPUR · Niyam