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2010 (8) TMI 331 - AT - Central ExciseAyurvedic medicaments – Ginsec powder in gelatine capsules - Tribunal in the case of Mehta Unani Pharmacy & Co. v. CCE, Rajkot had taken a view that just because the ayurvedic preparations were contained in the vehicle in the form of sugar, honey or such palatable substances, the product processed does not cease to be ayurvedic medicament - just because Ginsec powder is filled in capsule made of gelatine, the medicament cannot be said to have lost the quality of ayurvedic medicament - precedent Tribunal decisions have not been considered by the Commissioner (Appeals) and the eligibility of the exemption notification has also not been considered - order set aside and the matter is remanded to the Commissioner (Appeals) for fresh decision - appellant given an opportunity to present their case before final decision is taken
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