2005 (1) TMI 482 - AT - Central Excise

Summary

Issues Involved:
1. Classification of the product "Franch Oil NH*".
2. Determination of whether "Franch Oil NH*" qualifies as an ayurvedic medicament or a cosmetic.

Issue-wise Detailed Analysis:

1. Classification of the Product "Franch Oil NH*":

The primary dispute in this case is the classification of "Franch Oil NH*". The appellants argue that the product should be classified as an ayurvedic medicament under Heading 30.03 of the CETA Schedule, while the Revenue contends that it should be classified as a cosmetic under Heading 33.04.

The product packaging and accompanying leaflet indicate that "Franch Oil NH*" is labeled as an "AYURVEDIC PROPRIETARY MEDICINE" and lists various therapeutic uses, such as treating fungal infections, corns, cracked heels, chilblains, burns, ulcers, lip cracks, skin disorders, pimples, hyperkeratosis, stretch marks, menstrual pain, sprains, and joint pains.

The appellants provided literature on the medicinal properties of castor oil and Tulsi, the primary ingredients of "Franch Oil NH*". They also presented a valid license issued by the Director of Drugs Control, Tamil Nadu, for the manufacture of ayurvedic drugs, which includes "Franch Oil NH*".

2. Determination of Whether "Franch Oil NH*" Qualifies as an Ayurvedic Medicament or a Cosmetic:

The Revenue's argument, presented by the Learned Departmental Representative (DR), relied on information from Wikipedia, suggesting that castor oil, a major ingredient of "Franch Oil NH*", has limited medicinal use. The DR cited the Supreme Court's judgment in CCE, Calcutta v. Sharma Chemical Works, arguing that the product does not meet the criteria for classification as a medicament.

The Tribunal examined the records and submissions, noting that the demand for duty covered the period from June 1999 to August 2001, during which the appellants held a valid license to manufacture ayurvedic drugs. The Tribunal considered the inclusive definition of "drug" under the Drugs and Cosmetics Act, 1940, which covers all medicines for external use on humans.

The Tribunal reviewed extensive literature on the medicinal uses of castor oil and Tulsi, confirming that these ingredients have recognized therapeutic applications. The Tribunal also noted that the product's declared uses align with the medicinal properties of its constituents.

The Tribunal rejected the Revenue's argument that the product should be classified as a cosmetic based on the term "dermal care" used in the product leaflet. The Tribunal emphasized that "dermal care" for a person suffering from skin diseases includes "dermal cure," and the leaflet enumerates various curative applications of the product.

The Tribunal referenced the Supreme Court's rulings in Sharma Chemical Works and Meghdoot Gramodyog Sewa Sansthan, which supported the classification of products with medicinal properties as medicaments, even if they had cosmetic depictions on their packaging.

Conclusion:

The Tribunal concluded that "Franch Oil NH*" is intended for the cure of various ailments, including skin diseases, and not for cosmetic purposes. The Tribunal held that the product is classifiable under Heading 30.03 as an ayurvedic medicament, setting aside the impugned order and allowing the appeal.