SCH-04 - Fourth Schedule - Finance Act, 1981

THE FOURTH SCHEDULE (See section 52). In the Medicinal and Toilet Preparations (Excise Duties) Act, 1955, for the Schedule, the following Schedule shall be substituted, namely:- THE SCHEDULE (See section 3) Item No. Description of goods dutiable goods Rate of duty Medicinal preparations 1. Allopathic Medicinal Preparations:― (i) Medicinal preparations containing alcohol which are not capable of being consumed as ordinary alcoholic beverages- (a) Patent or proprietary medicines. Twenty per cent. ad valorem or rupees six and sixty paise per litre of pure alcohol content, whichever is higher. (b) Others. Rupees six and sixty paise per litre of pure alcohol content. (ii) Medicinal preparations containing alcohol which are capable of being consumed as ordinary alcoholic beverages (a) Medicinal preparations which contain known active ingredients in therapeutic quantities. Twenty per cent. ad valorem or rupees thirteen and twenty paise per litre of pure alcohol content, whichever is higher. (b) Others. Twenty per cent. ad valorem or rupees fifty-two and eighty paise per litre of pure alcohol content, whichever is higher. (iii) Medicinal preparations not containing alcohol but containing narcotic drug or narcotic. Twenty per cent. ad valorem. 2. Medicinal preparations in Ayurvedic, Unani or other indigenous systems of medicine― (i) Medicinal preparations containing self-generated alcohol which are not capable of being consumed as ordinary alcoholic beverages. Nil. (ii). Medicinal preparations containing self-generated alcohol which are capable of being consumed as ordinary alcoholic beverages. Rupee one and seventy-five paise per litre of pure alcohol content. (iii) All other containing alcohol which are prepared by distillation or to which alcohol has been added. Rupees fifty-two and eighty paise per litre of pure alcohol content. (iv) Medicinal preparations not containing alcohol but containing narcotic drug or narcotic. Twenty per cent. ad valorem. 3. Homoeopathic preparations containing alcohol. Rupees thirteen and twenty paise per litre of pure alcohol content. Toilet preparations 4. Toilet preparations containing alcohol or narcotic drug or narcotic. Sixty per cent. ad valorem or rupees thirteen and twenty paise per litre of pure alcohol content, whichever is higher. Explanation I.- Patent or proprietary medicines means any medicinal preparation which bears either on itself or on its container or both, a name which is not specified in a monograph in a pharmacopoeia, formulary or other publications notified in this behalf by the Central Government in the Official Gazette, or which is a brand name, that is, a name or a registered trade-mark under the Trade and Merchandise Marks Act, 1958 (43 of 1958) or any other mark such as a symbol, monogram, label, signature or invented words or any writing which is used in relation to that medicinal preparation for the purpose of indicating or so as to indicate a connection in the course of trade between the preparation and some person having the right either as proprietor or otherwise to use the name or mark with or without any indication of the identity of that person. Explanation II.-Where any article is chargeable with duty at a rate dependent on the value of the article, such value shall be deemed to be the value as determined in accordance with the provisions of section 4 of the Central Excises and Salt Act, 1944 (1 of 1944). Explanation III. For the purposes of this Schedule, pure alcohol content , in relation to a preparation, means the ethyl alcohol content in the preparation expressed as ethyl alcohol of 100% by volume at 15 C. .