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may 2015

Supreme Court of India · 2015-05-14

COMMISSIONER OF CENTRAL EXCISE HYDERABAD vs M/S SARVOTHAM CARE LIMITED

Citation / case number
SC 2005/12421
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CENTRAL EXCISE HYDERABAD
Respondent
M/S SARVOTHAM CARE LIMITED
Author
A.K. SIKRI
Bench
ROHINTON FALI NARIMAN A.K. SIKRI

Judgment text excerpt

The Supreme Court addressed the classification of 'Ketoconazole Shampoo' and 'Nizral Shampoo' for central excise duty under the Central Excise Tariff Act, 1985. The Court held that the product should be classified under CSH 3003.10 as a medicinal product rather than under CSH 3305.99 as a toilet preparation, affirming the Tribunal's decision that substantial evidence indicated its medicinal use. Consequently, the appeal by the Commissioner of Central Excise was dismissed, upholding the lower authorities' findings regarding the product's classification and the applicable excise duty.

COMMISSIONER OF CENTRAL EXCISE HYDERABAD vs M/S SARVOTHAM CARE LIMITED · Niyam