2003 (11) TMI 69 - SC - Central Excise

Whether or not medicated cough drops and throat drops manufactured by the appellants in accordance with and under the licence issued under the Drugs and Cosmetics Act, 1940 for the manufacture of Ayurvedic Drugs are classifiable as Ayurvedic Medicaments for the purpose of levy of central excise duty? Whether the products Sloan s Balm and Sloan s Rub are ayurvedic medicines and are classifiable under Chapter Heading 3003.30 as contended by the appellants attracting nil rate duty OR Classified under Chapter sub-heading 3003.10 chargeable to duty at 15% ad valorem? Held that - The Tribunal has completely misdirected itself in law and on facts by being influenced by the unimportant factors like the mention of similar names of goods in Martindale and patent of the same in USA and failed to take into account the relevant factors like the issue of licence to manufacture Ayurvedic drugs under the Drugs Act, the popular understanding of the products, the law laid down by this Court in the cases referred to above and the circular issued by the Government of India in the light of Richardson Hindustan case. The Tribunal placed undue reliance on the definition of Ayurvedic medicament in Section 2(a) of the Drugs Act. In our opinion, all the products ought to be classified as Ayurvedic medicaments under sub-heading 3003.30 of the Central Excise Tariff. For the foregoing reasons, we have no hesitation to allow both the appeals and set aside the orders impugned in these appeals passed by the CEGAT, New Delhi, in appeal

Summary

Issues Involved:
1. Classification of medicated cough drops and throat drops as Ayurvedic Medicaments for central excise duty.
2. Classification of "Sloan's Balm" and "Sloan's Rub" as Ayurvedic medicines under central excise duty.

Issue-wise Detailed Analysis:

1. Classification of Medicated Cough Drops and Throat Drops:
The appellants, M/s. Naturalle Health Products (P) Limited, Hyderabad, filed a classification list under Rule 173B of the Central Excise Rules, 1944, claiming their goods under sub-heading 3003.30, attracting nil rate duty. The Assistant Collector of Central Excise issued a show cause notice, proposing classification under sub-heading 3003.10, chargeable at 15% ad valorem. The Assistant Collector's order, upheld by the Collector of Central Excise and the CEGAT, classified the goods as Patent or Proprietary Medicaments under sub-heading 3003.10. The Vice-President of CEGAT suggested referring the matter to a Larger Bench due to its industry-wide importance. The appellants contended that their products, manufactured under a loan license for Ayurvedic drugs, should be classified under sub-heading 3003.30.

2. Classification of "Sloan's Balm" and "Sloan's Rub":
The appellants manufactured "Sloan's Balm" and "Sloan's Rub" using ingredients listed in Ayurvedic texts and principles. They filed classification lists under sub-heading 3003.30, attracting nil rate duty. The Assistant Collector issued show cause notices, proposing classification under sub-heading 3003.10. The Assistant Collector's orders were appealed, and the Collector of Central Excise (Appeals) remanded the case for de novo adjudication. The Assistant Collector reissued show cause notices, and upon rejection of the appellants' contentions, the Collector of Central Excise (Appeals) upheld the classification under sub-heading 3003.30. The CEGAT, however, allowed the Revenue's appeal, leading to the present appeal by the appellants.

Detailed Analysis:

Classification of Medicated Cough Drops and Throat Drops:
The appellants argued that their products, manufactured under a license for Ayurvedic drugs, should be classified under sub-heading 3003.30. They contended that the definition of Ayurvedic medicines in Section 3(a) of the Drugs and Cosmetics Act should not apply to classification under the Central Excises and Salt Act, 1944. They emphasized the common parlance test and the ingredients listed in Ayurvedic texts. The Revenue argued that the products did not follow Ayurvedic formulae and should be classified under sub-heading 3003.10. The Supreme Court considered previous judgments, including the Amrutanjan Limited case, which supported the appellants' contention that ingredients refined to pharmaceutical grade do not alter their Ayurvedic nature. The Court also noted the Government's acceptance of the common parlance test and the ingredients test in Circular No. 25/91, dated 3-10-1991.

Classification of "Sloan's Balm" and "Sloan's Rub":
The appellants provided evidence, including authoritative texts, licenses, and clinical trial reports, to support their classification under sub-heading 3003.30. The Revenue argued that the products did not meet the criteria for Ayurvedic medicaments. The Supreme Court referred to the Larger Bench decision in Himtaj Ayurvedic Kendra, which held that sub-heading 3003.30 includes both classical and patent or proprietary Ayurvedic medicaments. The Court emphasized the importance of the common parlance test and the ingredients listed in authoritative Ayurvedic texts. The Court also noted that the products were manufactured under an Ayurvedic drug license, further supporting their classification under sub-heading 3003.30.

Conclusion:
The Supreme Court allowed both appeals, setting aside the CEGAT's orders. The Court held that the products in question should be classified as Ayurvedic medicaments under sub-heading 3003.30 of the Central Excise Tariff. The Court emphasized the common parlance test, the ingredients listed in authoritative Ayurvedic texts, and the Government's circular clarifying the classification criteria. The appellants were allowed to discharge their bank guarantees, and no orders as to costs were made.