2000 (8) TMI 777 - AT - Central Excise

Issues Involved:
1. Classification of "Sunny Arnica Hair Oil" under Central Excise Tariff.
2. Classification of "Sunny Arnica Hair Shampoo" under Central Excise Tariff.
3. Allegations of willful evasion of Central Excise Duty and contravention of rules.
4. Clubbing of clearances of different units for the purpose of duty exemption.

Issue-wise Detailed Analysis:

1. Classification of "Sunny Arnica Hair Oil":

The primary issue was whether "Sunny Arnica Hair Oil" should be classified as a homeopathic medicine under Chapter Heading 30.03 or as a cosmetic preparation under Chapter Heading 33.05 of the Central Excise Tariff Act. The Collector of Central Excise initially classified it under Chapter Heading 33.05, citing that it was sold as hair oil and was used as a preparation for use on the hair. The revenue argued that even if the product had therapeutic properties, it should still fall under Chapter 33 due to its use and market perception as hair oil.

The assessee contended that the product was predominantly therapeutic, sold only in drug stores, and had a drug license, thus should be classified under Chapter Heading 30.03 as a homeopathic medicine. They provided certificates from homeopathic experts and technical literature to support their claim that the product had curative and prophylactic properties.

The Tribunal, after examining the evidence, including the ingredients and expert opinions, concluded that "Sunny Arnica Hair Oil" had significant therapeutic value and should be classified as a homeopathic medicine under Chapter Heading 30.03. The Tribunal referenced the Supreme Court judgment in the case of B.P.L. Pharmaceuticals Ltd., which supported the classification of therapeutic products under Chapter 30. Consequently, the appeal was allowed in favor of the assessee for "Sunny Arnica Hair Oil."

2. Classification of "Sunny Arnica Hair Shampoo":

The classification of "Sunny Arnica Hair Shampoo" was disputed, with the assessee claiming it as a homeopathic medicine and the revenue classifying it as a cosmetic preparation. Unlike the hair oil, the assessee did not provide detailed ingredients or evidence to support their claim for the shampoo. The Tribunal noted the lack of evidence and remanded the issue back to the original authorities for de novo consideration. The authorities were instructed to examine the ingredients and technical details to determine the correct classification.

3. Allegations of Willful Evasion of Central Excise Duty:

The revenue accused M/s. Bakson Homeo Pharmacy of willfully evading Central Excise Duty by misdeclaring "Sunny Arnica Hair Oil" and "Sunny Arnica Hair Shampoo" as homeopathic medicines to benefit from a nil rate of duty. The period in question covered 1984-1989. The assessee argued that they had disclosed all necessary information and that their classification had previously been accepted by the Assistant Collector. They also contested the invocation of the extended period for demand beyond six months, citing that the department was aware of their manufacturing activities.

The Tribunal found that the demands for "Sunny Arnica Hair Oil" were time-barred as there was no suppression of facts with intent to evade duty. However, the issue of duty evasion for "Sunny Arnica Hair Shampoo" was remanded for further examination.

4. Clubbing of Clearances of Different Units:

The revenue sought to club the clearances of M/s. Bakson Homeo Pharmacy, M/s. Bakson Laboratories, and M/s. Neha Cosmetics, alleging that they were not independent entities and thus not eligible for separate duty exemptions. The assessee argued that all three units were independently owned and operated on a principal-to-principal basis.

The Tribunal held that there was no financial flowback or evidence to suggest that the units were not independent. Therefore, the clearances could not be clubbed. The Tribunal referenced previous judgments, including Union of India v. Plyworld Electronics Pvt. Ltd., to support their decision.

Majority Order:

The appeals were allowed concerning "Sunny Arnica Hair Oil," classifying it as a homeopathic medicine under Chapter Heading 30.03. The issue of "Sunny Arnica Hair Shampoo" was remanded for de novo consideration. The allegations of willful evasion of duty were found to be time-barred for the hair oil, and the clubbing of clearances was not justified.

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