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2003 INSC 268
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Smart Summary

Factual and Procedural Background

The respondents manufacture a product known as “Himtaj Oil.” They submitted a classification list treating the product as an Ayurvedic medicament under Sub-Heading 3003.30 of the Central Excise Tariff. The Department issued a show-cause notice proposing classification as “perfumed hair oil” under Sub-Heading 3305.10.

The Assistant Collector accepted the respondents’ classification as an Ayurvedic medicine, relying on:

  • Drug licence issued by the Drug Controller.
  • Certification from the Superintendent of the Ayurvedic Department, Benaras, describing the product as an Ayurvedic medicine.
  • A study report of the Institute of Post-graduate Education and Research in Ayurved, Calcutta, confirming medicinal properties.
  • A market-survey report by the Range Officer indicating that dealers, wholesalers, retailers, customers, chemists and druggists all treated the product as an Ayurvedic medicament.
  • Retesting report of the Chief Chemist, New Delhi, showing no detectable perfumery ingredients.
  • SSI registration certificate reflecting manufacture of Ayurvedic oil under a drug licence.

The Revenue appealed; the Commissioner (Appeals) reversed the Assistant Collector, holding there was no evidence that the product was ordinarily prescribed by medical practitioners or used by the common person as medicine. The respondents then appealed to the Customs, Excise & Gold (Control) Appellate Tribunal (CEGAT), which reinstated the Ayurvedic classification. The present civil appeal by the Revenue challenges the CEGAT decision before the Supreme Court.

Legal Issues Presented

  1. Whether “Himtaj Oil” is classifiable as an Ayurvedic medicament under Sub-Heading 3003.30 or as perfumed hair oil under Sub-Heading 3305.10 of the Central Excise Tariff.

Arguments of the Parties

Revenue’s Arguments

  • Relied on submissions made in parallel appeals concerning “Banphool Oil,” contending that if that product is not an Ayurvedic medicament, “Himtaj Oil” must equally fail the test.
  • Cited the Supreme Court decision in Shree Baidyanath Ayurved Bhavan Ltd. v. CCE (1996) 9 SCC 402, emphasising that classification should follow the product’s popular meaning; a medicine is ordinarily prescribed by medical practitioners and used for a limited duration.

The opinion does not provide a detailed account of the respondents’ specific submissions beyond reliance on the evidence accepted by the Assistant Collector.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Shree Baidyanath Ayurved Bhavan Ltd. v. CCE,
(1996) 9 SCC 402; 83 ELT 492
Classification must be understood in popular/common parlance; medicines are normally prescribed and used for limited periods. Held inapplicable because, unlike the product in Shree Baidyanath, substantial evidence showed that the market treats “Himtaj Oil” as an Ayurvedic medicament.
Decision on “Banphool Oil”,
(2003) 5 SCC 60
Supreme Court judgment delivered the same day rejecting similar Revenue arguments on classification of herbal oils. Reasoning from the Banphool Oil case adopted to dismiss identical contentions regarding “Himtaj Oil.”

Court's Reasoning and Analysis

The Court noted that it had, in a separate judgment rendered the same day on “Banphool Oil,” already rejected the Revenue’s core contentions regarding classification of herbal oils. Applying that reasoning, the Court found no merit in the present appeal.

Critically, unlike in Shree Baidyanath, extensive evidence demonstrated that “Himtaj Oil” is perceived and used as an Ayurvedic medicament:

  • Drug-control and SSI licences specifically identify the product as Ayurvedic.
  • Independent studies and official letters classify the oil as relieving headaches, migraines and dandruff—therapeutic uses consistent with medicinal character.
  • The Range Officer’s market survey showed universal treatment of the product as medicine by traders, consumers, chemists and druggists.
  • Scientific retesting revealed no perfumery ingredients, undermining the Department’s attempt to classify it as perfumed hair oil.

Given this evidentiary record, the Court held that CEGAT was correct in affirming classification under Sub-Heading 3003.30.

Holding and Implications

The appeal is dismissed.

Consequently, “Himtaj Oil” remains classified as an Ayurvedic medicament under Sub-Heading 3003.30, and the Revenue cannot levy duty applicable to perfumed hair oils. The Court made no order as to costs. The decision aligns with, and reinforces, the contemporaneous ruling in the “Banphool Oil” matter but sets no new legal precedent beyond confirming the evidentiary approach for classifying Ayurvedic products.

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    Commissioner Of Central Excise, Calcutta-Iv v. Pandit D.P Sharma .

    S.N Variava, J.— This appeal is against the judgment dated 19-5-2000 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, Calcutta.

    2. Briefly stated, the facts are as follows:

    The respondents are manufacturing a product known as “Himtaj Oil”. The respondents filed a classification list classifying “Himtaj Oil” as an Ayurvedic medicine under Sub-Heading 3003.30 A show-cause notice was issued to them as to why their oil should not be classified as “perfumed hair oil” under Sub-Heading 3305.10 The respondents replied to the show-cause notice. The Assistant Collector accepted the respondents' case that their oil fell under Sub-Heading 3003.30 For so holding the Assistant Collector inter alia relied on the following material:

    (a) Drug licence issued by the Drug Controller.
    (b) A letter issued by the Superintendent of Ayurvedic Department, Benaras which stated that the product was an Ayurvedic medicine.
    (c) A study report of the Institute of Postgraduate Education and Research in Ayurved, Calcutta on “Himtaj Oil” which classified this oil as an Ayurvedic product which relieved pain in headaches and migraine and also provided relief against dandruff.
    (d) A report prepared by the Range Officer, based on market inquiries conducted by him with dealers, wholesalers, retailers, customers, chemists and druggists, which showed that all treated “Himtaj Oil” as an Ayurvedic medicament.
    (e) A retesting report of the Chief Chemist, New Delhi which stated that no Ayurvedic perfumery could be detected in “Himtaj Oil”.
    (f) SSI registration certificate obtained by the respondents for manufacturing Ayurvedic oil under a drug licence.

    3. Against the decision of the Assistant Collector the Revenue filed an appeal to the Commissioner (Appeals). By his order dated 10-7-1997 the Commissioner (Appeals) allowed the appeal of the Revenue. The Commissioner (Appeals) held that there was no evidence to prove that the product was being ordinarily prescribed by medical practitioners or that it was used to deal with a specific disease. The Commissioner (Appeals) held that there was no evidence to show that the common man used the product as a medicine.

    4. Against the order dated 10-7-1997 the respondents filed an appeal to CEGAT. By the impugned order CEGAT has allowed the appeal. Hence this appeal by the Revenue.

    5. At the stage it must be mentioned that in this civil appeal the question of classification relates to “Himtaj Oil”. On board along with this appeal were a number of other appeals which related to classification of “Banphool Oil”. The arguments of the learned Additional Solicitor-General, Mr Raju Ramachandran, in this appeal were based upon the submissions made in respect of “Banphool Oil”. It was submitted that if the submissions regarding “Banphool Oil” are accepted by this Court then on the same reasoning it would have to be held that “Himtaj Oil” was not an Ayurvedic medicament. Reliance was also placed upon the authority of this Court in the case of Shree Baidyanath Ayurved Bhavan Ltd. v. CCE (1996) 9 SCC 402, (1996) 83 ELT 492. In this case it is held that resort to scientific and technical meanings should not be had but that the expression must be understood in its popular meaning. It was held that ordinarily a medicine would be prescribed by a medical practitioner and would be used for a limited time and not everyday unless it was so prescribed to deal with a specific disease like diabetes. On this basis it was held that the product in question, namely, “Lal Dant Manjan” (toothpowder) was not a medicine.

    6. We have today, by a separate judgment (2003) 5 SCC 60, negatived the submissions of the Revenue in respect of “Banphool Oil”. Thus for reasons set out in that separate judgment the arguments of the Revenue even in respect of “Himtaj Oil” cannot be accepted. The authority relied upon is also of no assistance. In that case there was no evidence to show that the common man considered that product as a medicine. In this case the report of the Range Officer shows that dealers, wholesalers, retailers, customers, chemists and druggists all consider “Himtaj Oil” to be an Ayurvedic medicament. Apart from that the other material relied upon by the Assistant Collector (which has been set out hereinabove) also clearly shows that “Himtaj Oil” is an Ayurvedic medicament. In this view of the matter we see no infirmity in the impugned judgment.

    7. Accordingly the appeal stands dismissed. There will, however, be no order as to costs.

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    Comments

    Commissioner Of Central Excise, Calcutta-Iv v. Pandit D.P Sharma .
    (Apr 30, 2003)