9911796707
TMI Blog2000 (1) TMI 936X X X X Extracts X X X X X X X X Extracts X X X X ..... industan Limited v. Assistant Sales Tax Commissioner), as common questions of law and facts are involved in these petitions. Both the petitions were, accordingly, heard together and are being disposed of by this common order. 2.. However, for the sake of convenience, the facts as appearing in the said petition, are being taken into consideration. 3.. Petitioner No. 1 is a manufacturer of an ayu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les Tax Act, 1958 (hereinafter, for short, "the Act"), consequently, it would be liable to pay tax on the said medicine at 3 per cent. 4.. It appears that there was some doubt in the mind of the petitioners as to at what rate, the said medicine would be leviable for tax. It therefore filed an application before the Commissioner of Sales Tax, Indore, under section 42-B of the Act, requesting him f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were not used by the petitioner for manufacturing of the tablet "Swad", as only 3 per cent of ayurvedic substance was found in the same, whereas, 97 per cent was sugar and glucose. It was their further contention that in common parlance, the tablet "Swad" is more popular and is being sold as a confectionery rather than as a medicine. They have accordingly, prayed that petition be dismissed, as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Panama Chemical Works v. Union of India (1992) 62 ELT 241 (MP) was taken to the Supreme Court and the result thereof. Thus, it should be taken that the said judgment has attained finality. 10.. In the matter of Panama Chemical Works v. Union of India (1992) 62 ELT 241 (MP), the division Bench has been pleased to record a finding that the product "Swad" is an ayurvedic medicine, even though the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the matter of Panama Chemical Works v. Union of India (1992) 62 ELT 241. The respondent/State, if, so desires, shall be at liberty to cite any other judgment on its behalf, which would also be considered by the said authorities. Thus, this and the connected petitions stand disposed of, but, with no order as to costs. Security amount if, deposited, be refunded back of the petitioners after its du ..... X X X X Extracts X X X X X X X X Extracts X X X X
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