VidhiSangh

Supreme Court of India · 03/05/2023

COMMISSSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX, HYDERABAD versus ASHWANI HOMEO PHARMACY

[2023] 6 S.C.R. 281 · 2023 INSC 483

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Summary

Aswini Homeo Arnica Hair Oil remained a medicament under Chapter 30 of the Central Excise Tariff rather than a cosmetic under Chapter 33. Its composition and common understanding satisfied the twin tests; hair oil was the medium for applying its pharmaceutical ingredients. The 2012 tariff restructuring did not justify changing its settled classification. The Revenue’s appeal was dismissed without costs.

Issues

  1. Whether the homeopathic preparation was a medicament or cosmetic hair oil.
  2. Whether tariff restructuring justified reopening the product’s previously accepted classification.

Provisions considered

Held

Result

Revenue’s appeal dismissed without costs; Tribunal’s medicament classification under Chapter 30 and reversal of the adjudicated demand sustained.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 281.