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    <title>2003 (10) TMI 48 - Supreme Court</title>
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    <description>After shave lotion marketed as a cosmetic was held to be a toilet preparation, because it did not satisfy the statutory test of being intended for treatment, mitigation, or prevention of disease. Demand notices for short levy were held to fall under the residuary recovery rule rather than the short-levy rule, since the earlier classification order was without jurisdiction; recovery was therefore not confined to six months. For cum-duty pricing, the assessable value had to be determined by deducting the duty element from the wholesale price using the accepted formula, and that method was upheld.</description>
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    <pubDate>Wed, 29 Oct 2003 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=46695</link>
      <description>After shave lotion marketed as a cosmetic was held to be a toilet preparation, because it did not satisfy the statutory test of being intended for treatment, mitigation, or prevention of disease. Demand notices for short levy were held to fall under the residuary recovery rule rather than the short-levy rule, since the earlier classification order was without jurisdiction; recovery was therefore not confined to six months. For cum-duty pricing, the assessable value had to be determined by deducting the duty element from the wholesale price using the accepted formula, and that method was upheld.</description>
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