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of <h1>Tribunal Confirms Ayurvedic Products as Medicaments, Enforces MRP Rules for Hotel Supplies, Dismissing Revenue Appeals.</h1> <h3>COMMR. OF C. EX., NEW DELHI-I Versus ISHAAN RESEARCH LABORATORIES P. LTD.</h3> COMMR. OF C. EX., NEW DELHI-I Versus ISHAAN RESEARCH LABORATORIES P. LTD. - 2004 (172) E.L.T. 484 (Tri. - Del.) Issues involved:Classification of products manufactured by M/s. Ishaan Research Laboratories under Heading No. 30.03 or Chapter 33 of the Schedule to the Central Excise Act, and determination of assessable value of goods supplied to Hotels under Section 4A of the Central Excise Act.Classification Issue:The Appellate Tribunal upheld the classification of products as Ayurvedic Medicaments based on a previous Final Order, as no stay order was issued against it.Assessable Value Issue:- Revenue argued that Section 4A of the Act does not apply to goods supplied to hotels as they are not retail sales, citing Weights & Measures Rules.- They emphasized that MRP declaration is not mandatory for goods supplied to hotels, thus Section 4A valuation is not applicable.- Reference was made to a Tribunal decision and a Board Circular to support the argument that Section 4A applies only when MRP is statutorily required.- On the contrary, the Advocate contended that goods specified under Section 4A are subject to its provisions, regardless of the sales channel.- The Advocate highlighted the non obstante clause in Section 4A, indicating its primacy over Section 4 for specified goods.Rule 34(1)(a) Applicability:- The Advocate argued that Rule 34(1)(a) applies only if the package is exclusively for industry use, which was not the case for the impugned goods.- The definition of 'retail sale' was discussed to show that distribution through hotels qualifies as retail sale under the Packaged Commodities Rules.- Precedents and relevant case laws were cited to support the argument against Revenue's contentions.Decision:- The Tribunal found that the goods were specified under Section 4A, requiring MRP declaration, thus Section 4A valuation applies.- The distribution through hotels constitutes retail sale as per the Packaged Commodities Rules definition.- The Tribunal rejected Revenue's appeals on valuation, emphasizing the applicability of Section 4A and the distinction made by the Advocate in relevant case laws.
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