TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Dispute on Product Classification for Duty Payment: Label Symbol vs. Product Identification</h1> <h3>COMMR. OF C. EX., SURAT Versus ZANDU PHARMACEUTICAL WORKS LTD.</h3> COMMR. OF C. EX., SURAT Versus ZANDU PHARMACEUTICAL WORKS LTD. - 2006 (198) E.L.T. 257 (Tri. - Mumbai) Issues:1. Classification of products under Chapter Heading 30.03 for duty payment.2. Denial of nil rate of duty claimed by the respondents.3. Interpretation of symbols and names on labels of ayurvedic medicines.4. Applicability of Tribunal's decision on labeling of ayurvedic medicines.Analysis:1. The case involved a dispute over the classification of products under Chapter Heading 30.03 for duty payment. The Commissioner of Central Excise (Appeals) set aside the duty demand confirmed by the Assistant Collector, which the Revenue appealed against. The Commissioner relied on a judgment of the Apex Court to determine that the symbol on the label was only to identify the manufacturer, not the product, and thus did not render the ayurvedic medicine a patent or proprietary medicament.2. The issue of denial of the nil rate of duty claimed by the respondents was central to the case. The Commissioner's decision was based on the interpretation of the symbol found on the label, alongside the name 'Zandu,' as a house mark rather than a product identifier. This interpretation influenced the classification of the products and the duty rate applicable.3. The interpretation of symbols and names on the labels of ayurvedic medicines was crucial in determining the classification and duty liability. The manufacturers argued that the names of the medicaments were mentioned in authoritative ayurvedic texts and that they were not using any brand names, trademarks, or symbols on the labels. The Tribunal's decision in a previous case supported this argument, emphasizing that as long as the medicines were sold under names specified in authoritative texts, additional marks or symbols did not affect classification.4. The Tribunal found that the decision in a previous case regarding the labeling of ayurvedic medicines was directly applicable to the present case. The Tribunal declined to interfere with the Commissioner's order, upholding the decision to reject the appeal based on the principles established in earlier judgments and the Board's circular. The ruling emphasized the importance of adherence to authoritative texts in determining the classification and duty liability of ayurvedic medicines.
TaxTMI 