Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the six products, namely Bhringraj Tail, Trifla Brahmi tail, Neem Herbal Sat, Sat Reetha, Meghdoot Herbal Sat and Meghdoot Herbal Powder, were classifiable as medicaments under Heading 3003.30 of the Central Excise Tariff Act, 1985 or as preparations for use on the hair under Headings 3305.10 and 3305.50.
Analysis: The products were examined on the basis of their composition and curative properties. The absence of prescription by medical practitioners or controlled clinical testing did not by itself take away their medicinal character, particularly where the products were claimed to be based on traditional ayurvedic formulae. Since the composition and curative properties were admitted, classification could not be denied merely because the packaging suggested a cosmetic product. The outward appearance of the goods was held to be insufficient to displace their medicinal nature. Prior decisions treating ayurvedic hair oils as medicaments on the basis of composition supported the same approach.
Conclusion: The six products were held to be medicaments classifiable under Heading 3003.30 and not under Headings 3305.10 or 3305.50.
Ratio Decidendi: For tariff classification, the decisive factor is the medicinal composition and curative character of the product, and not its outward packaging or cosmetic connotation.