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2003 Supreme(SC) 526

2003(3) Supreme 748
SUPREME COURT OF INDIA
(From Central Excise, Customs and Gold (Control) Appellate Tribunal, New Delhi)
S.N. Variava & Brijesh Kumar, JJ.
Commissioner of Central Excise, Allahabad -Appellant
versus
M/s. Himtaj Ayurvedic Udyog Kendra etc. -Respondents
Civil Appeal Nos. 2370-2375 of 2003
With
Civil Appeal No. 8313 of 2001
Decided on 30-4-2003
Counsel for the Parties :
For the Appellant : Raju Ramachandran, Additional Solicitor General, Sanjiv Sen, Ashok K. Srivastava, K. Swami and B.K. Prasad, Advocates.
For the Respondents : V. Lakshmikumaran, A.R. Madhav Rao, M.P. Devnath, V. Balachandran and Rajesh Kumar, Advocates.

IMPORTANT POINT
Himtaj oil was classifiable as an Ayurvedic medicament under Central Excise.

Headnote:Central Excise-Himtaj oil-Question whether classifiable under sub-heading 3003.03 as Ayurvedic medicament or under 3005.10 as perfumed hair oil-Product is classifiable as an Ayurvedic medicament-Impugned judgment of CEGAT holding so was liable to be confirmed.

       

JUDGMENT

S.N. Variava, J.-Civil Appeal Nos. 2370-2375 of 2003 are against the Judgment dated 16th May, 2002 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, Allahabad. By this judgment CEGAT has disposed of a number of Appeals. Civil Appeal No. 8313 of 2001 is against judgment dated 18th May, 2001 passed by CEGAT. In all these Appeals the question was whether "Himtaj oil" was classifiable under subheading 3003.30 i.e. Ayurvedic medicaments or 3005.10 i.e. perfumed hair oil. CEGAT has held that "Himtaj oil" is classifiable as an Ayurvedic medicaments. In so doing it has followed the decision of the larger Bench of CEGAT reported in 2002 (139) ELT 610. We have today delivered a separate judgment in Civil Appeal No. 1512 of 2003 wherein we have also held that "Himtaj oil" is classifiable as an Ayurvedic medicaments. Thus to this extent the impugned judgment stands confirmed. CEGAT has thereafter referred all the Appeals back to the Adjudicating Authority to recompute the duty and to decide whether the extended period of time limit is applicable in the matters or not. We do not see any reason to interfere with those directions. Accordingly these Appeals stand dismissed. There will be no order as to costs.

Appeals dismissed.

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