2006 (1) TMI 513 - AT - Central Excise

Summary

Issues: Classification of medicament product under Central Excise Tariff Act, 1985.

Classification of Product:
The appellants, engaged in manufacturing P & P Medicaments, sought classification of Pentavite liquid and Pentatone under chapter heading 3003.10. The dispute arose when a notice proposed classifying Pentatone under chapter heading 2107.91. The appellants argued that Pentatone is not a general tonic but a medicament, supported by medical references and prescription requirements. Lower authorities classified the product under chapter heading 2107.90 based on a test report, absence of FDA licenses, lack of warnings on labels, and labeling as a health tonic.

Appeal and Test Report:
In appeal, the Commissioner relied on the test report confirming classification under chapter heading 2108, which was not available to the appellants. The appellants contended that the product's ingredients, including vitamins, were for prophylactic and therapeutic use, meeting the standards set by the Drugs and Cosmetics Act under Rule 124B. They argued for classification under heading 3003.10, citing precedents like Micropure Parenterals Pvt. Ltd. v. CCE and Softsule Limited v. CCE, upheld by the Supreme Court.

Judgment and Penalty:
The Tribunal found the products to be appropriately classified under chapter heading 3003.10, excluding mouthwash. Relying on Supreme Court precedents, the Tribunal allowed the appeals, setting aside the penalty imposed on the appellants. The judgment emphasized the prophylactic and therapeutic nature of the product's ingredients, supporting their classification as medicaments under the Central Excise Tariff Act, 1985.

(Pronounced in the court)