The Commissioner Of Central Excise, Allahabad Vs. M/s. Himtaj Ayurvedic Udyog Kendra On 30 April, 2003

Q: Q. What are the equivalent citations for The Commissioner of Central Excise, Allahabad vs M/s. Himtaj Ayurvedic Udyog Kendra ?

The equivalence citation are2003 (87) ECC 246 ; (2003) 5 SCC 290 ; 2003 (154) ELT 323 (SC) ; 2003 (108) ECR 477 (SC) ; JT 2003 (4) SC 355 ; 2003 (4) SCALE 447 ; LQ/SC/2003/570 ;

Q: Q. What was the bench assigned for the case The Commissioner of Central Excise, Allahabad vs M/s. Himtaj Ayurvedic Udyog Kendra?

HONBLE MR. JUSTICE S.N. VARIAVA, HONBLE MR. JUSTICE BRIJESH KUMAR

iDraf

Decision

Open iDraf

The Commissioner Of Central Excise, Allahabad v. M/s. Himtaj Ayurvedic Udyog Kendra

The Commissioner Of Central Excise, Allahabad
v.
M/s. Himtaj Ayurvedic Udyog Kendra

(Supreme Court Of India)

Civil Appeal No. 2370-2375 Of 2003 (With Civil Appeal No. 8313 Of 2001) | 30-04-2003

S.N. Variava, J.

1. Civil Appeal Nos. 2370-2375 of 2003 are against the Judgment dated 16the 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.

2. There will be no order as to costs.

Advocates List

For the Appellant Raju Ramachandran, Additional Solicitor General, Sanjiv Sen, Ashok K. Srivastava, K. Swami, B.K. Prasad, Advocates. For the Respondent V. Lakshmikumaran, A.R. Madhav Rao, M.P. Devnath, V. Balachandran, Rajesh Kumar, Advocates.

Bench List

HON'BLE MR. JUSTICE S.N. VARIAVA

HON'BLE MR. JUSTICE BRIJESH KUMAR

Eq Citation

2003 (87) ECC 246

(2003) 5 SCC 290

2003 (154) ELT 323 (SC)

2003 (108) ECR 477 (SC)

JT 2003 (4) SC 355

2003 (4) SCALE 447

LQ/SC/2003/570

HeadNote

A. Customs — Classification — Himtaj oil — Classifiable as Ayurvedic medicaments — CEGAT following decision of larger Bench of CEGAT, held, that Himtaj oil is classifiable as Ayurvedic medicaments — Customs Tariff Act, 1975, Sch. III, Entry 300330 or Entry 300510 (Para 1) B. Customs — Classification — Himtaj oil — CEGAT following decision of larger Bench of CEGAT, held, that Himtaj oil is classifiable as Ayurvedic medicaments — CEGAT 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 — Held, no reason to interfere with those directions — Customs Tariff Act, 1975, Sch. III, Entry 300330 or Entry 300510