2006 (7) TMI 27 - AT - Central Excise

Central Excise Babool tooth powder Ayurvedic cure - Revenue cannot produce proof to show that product is commonly understood as toilet requisite, hence failed to discharge burden cast upon it Classifiable under sub-heading 3003.30 of CET and not under sub-heading 3306.00 ibid

Summary

Issues:
Classification of "Babool Powder" - toothpowder or ayurvedic medicament under CET sub-heading 3306.00 or 3003.30 respectively.

Analysis:
In Appeal No. E/542/01, a show cause notice was issued proposing classification of Babool tooth powder under CET sub-heading 3306.00, leading to duty demand and penalty. The Additional Commissioner confirmed the duty demand and imposed penalties, which were later set aside by the Commissioner of Central Excise (Appeals) based on limitation grounds. The Revenue appealed against this decision.

Appeal No. E/1614/04 challenged the classification of the product under CET sub-heading 3306.00, as upheld by the Commissioner of Central Excise. The chemical analysis revealed ingredients like Babool, Kalimiri, Sunthi, Lavang oil, Kapur, Pimpli, Pudina ke phool, and Geru powder, forming a preparation for oral hygiene. The authorities relied on a Supreme Court decision regarding a similar product, emphasizing the common parlance test to determine classification.

The Revenue failed to prove that Babool powder is commonly understood as a toothpowder, as the burden of proof lies on them. The manufacturers had affidavits from doctors, stockists, and users indicating the product's medicinal use for dental ailments. Following apex court judgments emphasizing common parlance and ingredient presence in authoritative texts, the tribunal set aside the classification under CET sub-heading 3306.00, leading to the dismissal of the Revenue's appeal.

The tribunal's decision aligned with previous judgments, emphasizing the need for the Revenue to prove common understanding for classification. The cross objections were also disposed of accordingly, maintaining the dismissal of the Revenue's appeal and upholding the classification under CET sub-heading 3003.30 as an ayurvedic medicament eligible for duty exemption.