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Issues: Whether the product, a calcium carbonate and vitamin D3 formulation administered in measured doses and licensed as a drug, was classifiable as a medicament under Chapter 30 or as a vitamin under Heading 2936.
Analysis: The formulation was not merely a dietary supplement. It was licensed as a drug under the Drugs and Cosmetics Act, 1940, prescribed in measured doses, and supported by literature showing therapeutic value in improving calcium absorption and treating calcium and vitamin D deficiency in children, including rickets. The Tribunal also relied on the principle that products administered in prescribed doses and having therapeutic or prophylactic use may be treated as medicaments even where they contain vitamins or nutritional ingredients.
Conclusion: The product was correctly classifiable as a medicament under Chapter 30 and not as a vitamin under Heading 2936, and the finding went in favour of the assessee.