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april 2009

Supreme Court of India · 2009-04-13

Commissioner Of Central Excise, Nagpur vs Baidynath Ayurwed Bhawan Ltd

Citation / case number
AIR 2009 SC (SUPP) 1090
Court
Supreme Court of India
Petitioner
Commissioner Of Central Excise, Nagpur
Respondent
Baidynath Ayurwed Bhawan Ltd
Author
R.M. Lodha
Bench
R.M. Lodha, D.K. Jain

Judgment text excerpt

The Supreme Court addressed the classification of 'Dant Manjan Lal' (DML) manufactured by M/s. Baidyanath Ayurved Bhawan Ltd. under the Central Excise Tariff Act, 1985. The Court held that DML is a medicament classifiable under Chapter Sub-heading 3003.31, rejecting the Department's claim that it is a cosmetic under Chapter Heading 33.06. The judgment emphasized the importance of Ayurvedic texts in determining the classification and upheld the earlier Tribunal decisions favoring Baidyanath.

Commissioner Of Central Excise, Nagpur vs Baidynath Ayurwed Bhawan Ltd · Niyam