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august 2013

Supreme Court of India · 2013-08-14

COMMISSIONER OF CENTRAL EXCISE,MUMBAI IV vs M/S. CIENS LABORATORIES

Citation / case number
SC 2003/12246
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CENTRAL EXCISE,MUMBAI IV
Respondent
M/S. CIENS LABORATORIES
Author
KURIAN
Bench
KURIAN JOSEPH SUDHANSU JYOTI MUKHOPADHAYA

Judgment text excerpt

The Supreme Court analyzed the classification of the product 'Moisturex' under the Central Excise Tariff Act, 1985, specifically under Chapter 30 concerning medicaments. The Court held that if 'Moisturex' is classified as a medicament, it attracts a lower duty of 15%, while if classified as a cosmetic for skin care, it attracts a higher duty of 70%. The Tribunal's decision favoring the assessee was upheld, confirming that the product is indeed a medicament as per the definitions provided in the Act.

COMMISSIONER OF CENTRAL EXCISE,MUMBAI IV vs M/S. CIENS LABORATORIES · Niyam