VidhiSangh

Supreme Court of India · 18/12/2024

COMMISSIONER OF CENTRAL EXCISE, SALEM versus M/S MADHAN AGRO INDUSTRIES (INDIA) PRIVATE LTD.

[2024] 12 S.C.R. 893

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Summary

On a reference from a two-Judge Bench that had split, a three-Judge Bench held that pure coconut oil sold as edible oil in small packs (5 ml to 2 litres) is classifiable under Heading 1513 (coconut oil) of the Central Excise Tariff, not Heading 3305 (preparations for use on the hair). Since the post-2005 tariff is aligned with the HSN, the HSN Explanatory Notes apply, and multi-use coconut oil falls under Heading 3305 only if its packaging carries labels, literature or other indications of hair use or is in a form clearly specialised to that use; small pack size alone is not enough.

Issues

  1. Whether pure coconut oil packed and sold in small quantities is classifiable as coconut (edible) oil under Heading 1513 or as hair oil under Heading 3305 of the First Schedule to the Central Excise Tariff Act, 1985, after the 2005 amendment.
  2. What weight the HSN and its Explanatory Notes carry in interpreting the First Schedule where the tariff entries are aligned with the HSN.
  3. Whether the common parlance test can be invoked where the tariff heading and the corresponding HSN entry are clear.
  4. Whether pack size, advertising imagery or trademark registration for hair oil suffice to classify the product as hair oil.

Provisions considered

Held

Result

Revenue's appeals dismissed; Tribunal's orders classifying the coconut oil under Heading 1513 upheld; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 893.