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Commissioner, Central Excise, Nagpur 10 this Court observed that in order to determine whether a product is a cosmetic or medicament, a twin test common parlance test being one of them has found favour with the courts.
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If you are a seller for this product, would you like to suggest updates through seller support? It is useful in Sujak, Raktpradar, Khansi, Rajyaks See all free Kindle reading apps. That is why the Tribunal observed in para 86 of the judgment as under:. To get the free app, enter mobile phone number. Vicco Laboratories is of no help to the sangtah.
Ayurveed is important to be seen is how the consumer looks at a product and what is his perception in respect of such product. Citedby 6 docs – [ View All ].
The show cause notices were resisted and contested by Baidyanath and the matter reached the Tribunal.
Ayurved Sar Sangraha (Hindi)
For legal purposes, the classification of goods in the sub-headings of a heading shall be determined according to the terms of those sub-headings and any related Chapter Notes and, mutatis mutandis, to the above rules, on the understanding that only sub-headings at the same level are comparable. Kukutandtwak Bhasma Referance Book: Bangeshwar Ras BR S. On September 10,the Board withdrew its circular dated May 27, and directed classification of DML in terms of judgment of this Court in Baidyanath I1 with regard to this very product.
Note 2 thereof provides that for the purpose of the Heading No. Puma hair tonic powder Sukeshi8.
The assessee approached the Board by way of representation putting forth the plea that after the introduction of New Tariff Act and the amendments made inthere is a specific definition of Ayurvedic Medicine and hence classification of its product DML should be done on the basis of that definition alone and not the common trade parlance test.
Having heard the learned counsel at length and having perused the line of reasoning adopted by the Tribunal with which we are in general agreement, we see no reason to interfere with the conclusion reached by the Tribunal and, therefore, we dismiss these appeals, but make no order as to costs.
The definition of one statute having different object, purpose and scheme cannot be applied mechanically to another statute.
Khadi Maha Bhringraj Oil Ayurved Sar Sangrah 100 ml
Page 1 of 1 Start over Page 1 of 1. Second, and more importantly, with regard to the very product DMLthis Court held that it could not be classified as Ayurvedic Medicine and rather the product is toilet requisite.
Yakrat-plihaUdar roga, Pandu, Kamla, Krami roga Loha Bhasma Sahastraputi Referance Book: Applying twin test for determination of classification of products including common parlance testthis Court in Puma Ayurvedic Herbal P Ltd. The interpretation given by this Court in Baidyanath I1 with regard to this product has been considered and applied by us after amendment because Chapter Sub-heading We do not think so. The assessee filed classification list in its aykrved units declaring DML as an Ayurvedic Medicine and claimed the exemption benefit extending thereto.
Commissioner Of Central Excise, vs Baidynath Ayurwed Bhawan Ltd on 13 April,
Puma scalp tonic powder Scalpton9. Swarn Makshik Bhasma Referance Book: Loha Bhasma Sanfrah Book: He also invited our attention to the provisions of the Drugs and Cosmetics Act, the opinion of the experts, the statements of a few consumers as well as the description given in certain Ayurvedic books and contended that the preparation would fall within the relevant entry in the exemption notification.
Akik Bhasma Referance Book: PGA 2 Ayurved. Ayurved Sar Sangrah Rogadhikar: Moti Bhasma Referance Book: Therefore, to find out whether the product described against Sub-heading In this text various formulations of Punarnava are mentioned like Punarnava arka,22 Punarnava.
Abhrak Bhasma Shatputi Referance Book: It is Baidyanath’s case that in pursuance of the circular dated September 25, the concerned Commissioner of Central Excise sangfah trade notices directing the field formations to classify DML as an Ayurvedic Medicine.
It will be decided by the appellate authority.
Section 3 a in the Drugs and Cosmetics Act, Vaajikarak, Vaatnadi, Balya, Mastiksh 5 to 10 Gram Catalogue – Kitab Mahal Distributors. On March 1,Residuary Item 68 was incorporated in the Act, wherein all items not elsewhere specified in the tariff sangtah liable to be classified.
Ras Raj Sunder Rogadhikar: This Court held that the product DML would have to be classified on the basis of the common trade parlance test and applying that test, the Tribunal was correct in its finding that DML was not known as an Ayurvedic Medicine.
It removes Ashmari if it is small and it is Mutral Tankan Bhasma Referance Book: Tamra Bhasma Referance Book: As a result of the foregoing discussion, appeals of Baidyanath must fail and are dismissed.