2005 (7) TMI 436 - AT - Central Excise

Summary

Issues:
Classification of Imidil dusting powder and Micocept dusting powder under CET sub-heading 3003.20 as pharmacopoeial products or under CET sub-heading 3304.00 as preparations for care of skin.

Analysis:
The dispute in this case revolves around the classification of Imidil dusting powder and Micocept dusting powder manufactured by the assessees. The Revenue contended that the products should be classified under CET sub-heading 3304.00 as preparations for skin care, while the assessees claimed classification under CET sub-heading 3003.20 as pharmacopoeial products. The Chief Chemist's report highlighted the composition of the products, mainly consisting of talcum powder and perfumery compounds, recommending further study to ascertain the exact composition.

The initial show cause notice proposed duty recovery and penalty on the grounds that the products were skin care preparations, leading to the Assistant Commissioner's order classifying the products under CET sub-heading 3304.00. However, subsequent appeals and orders by different authorities resulted in conflicting decisions, with the Commissioner (Appeals) ultimately accepting the assessees' claim for classification under CET sub-heading 3003.10. The Revenue challenged this decision through Appeal No. E/32/2000.

The composition of the products, including clotrimazole as the main therapeutic ingredient and talcum powder as a carrier, was a key point of contention. The assessees argued that clotrimazole's presence in the recommended pharmacopoeial concentration justified classification as medicaments. The Tribunal referenced a previous decision regarding a similar product and a circular to support the Revenue's position. However, the Apex Court's ruling and a High Court decision highlighted the application of the common parlance test, leading the Tribunal to classify the products as medicaments under CET sub-heading 3003.10.

Ultimately, the Tribunal allowed the assessee-company's appeal (No. E/2182/99) and dismissed the Revenue's appeal (No. E/32/2000) based on the classification of the dusting powders as medicaments under CET sub-heading 3003.10. The objection regarding the chemical examination report was overruled, emphasizing the products' composition of talcum powder and perfumery compounds.

In conclusion, the judgment clarifies the classification of Imidil dusting powder and Micocept dusting powder as medicaments under CET sub-heading 3003.10, resolving the dispute between the assessees and the Revenue regarding the appropriate classification for these products.