9911796707
TMI Blog2004 (8) TMI 473X X X X Extracts X X X X X X X X Extracts X X X X ..... ication under 3003.39 of Tariff and started clearing the product at a rate of 8% ad valorem as applicable under that heading. The differential duty of 10% i.e. rate difference between 3003.10. & 3003.30 was directed to be paid vide letter dated 18-3-1998 by the Superintendent along with direction of further clearance to be made under 3003.10 duty rate. A show cause notice dated 15-5-1998 was issued demanding duty differential from 1-1-1998 to 30-4-1998 along with penalty and interest proposal under 3003.10, same was confirmed. Commissioner (Appeals) upheld the order of the lower authority. Hence the appeal. 2. CCE (Appeals) has found - (a) the product consist of only 2 ingredients known to Ayurvedic Sciences and mentioned in the auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . (f) On food & Drug Administrations, approvals he found that the Annexure to licence issued by Joint Commissioner (Pune) Division only showed two ingredients namely Sarjakakshra and Satapuship Tel and white Sugar and since no evidence was produced to show that full disclosure has been made to that Administration FDA, the plea of the appellants on the score was not accepted. 3. After hearing both sides and considering the material, it is found - (a) The entity under consideration for classification is consisting of- (i) Active ingredients as Sarjikakshra and Satapushpi (Dil Oil) known to and admitted to be mentioned in Ayurvedic Text Books and other ingredients is Sharkare (Sugar) (ii) Inactive ingredients are sodium methyl parabe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Himtaj Ayurvedic Udyog Kendra - 2002 (139) E.L.T. 610 (Tri. - LB) for overruling the proposition that formula not known to Ayurveda, on percentage of ingredients, we follow the decision of Panama Chemicals Work [1992 (62) E.L.T. 241 (M.P.)] to hold the percentage findings of Active ingredients, is not material for classification and Sharma Chemical Works [2003 (154) E.L.T. 328] & 2003 (158) E.L.T. 257 (S.C.)] to hold the entity herein to be products Ayurveda Medicament classified only under 3003.30 of the Schedule to Central Excise Tariff Act, 1985. (c) In view of the findings and as regards the classification under 3003.30, the other issues of time-bar and demands made on a letter of Superintendent, no findings are not required to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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