Kerala High Court Denies Relief To Petitioner Suppressing Facts, Orders Enquiry Into Allotment Of Govt Scheme Houses On Puramboke Land Candidate Missing Physical Test For Minor Illness Has No Enforceable Right To Rescheduling: Supreme Court Prolonged Incarceration And Parity Constitute Valid Grounds For Regular Bail: Supreme Court Accused In Cheque Bounce Cases Cannot File Evidence-In-Chief By Affidavit Under Section 145 NI Act: Orissa High Court Borrowers Have No Right To Personal Hearing Before Fraud Classification, But Full Forensic Audit Report Must Be Supplied: Supreme Court Pendency Of Matrimonial Dispute With General Allegations Not A Valid Ground To Deny Public Employment: Allahabad High Court Minimum Five Persons Mandatory To Prove 'Preparation For Dacoity' Under Section 399 IPC: Gujarat High Court Suit For Specific Performance Not Maintainable Without Prayer To Set Aside Termination Of Agreement: Madras High Court Trial Court Must Indicate Material Forming Basis Of Charge, Mechanical Framing Of Charges Impermissible: Madhya Pradesh High Court Voluntary Retirement Deemed Accepted If Positive Order Of Refusal Is Not Communicated Within Notice Period: Supreme Court Court Cannot Convict One Accused And Acquit Another On Same Evidence: Supreme Court Acquits Murder Convict Suspicion Cannot Replace Proof: Supreme Court Acquits Murder Convict Due To Unreliable Last-Seen Evidence And Principle Of Parity 138 NI Act | Accused Cannot Rebut Presumption Of Legally Enforceable Debt At Pre-Trial Stage In Cheque Bounce Cases: Supreme Court More Meritorious PWD Candidates From Reserved Categories Can Claim Unreserved PWD Posts In Open Competition: Supreme Court Meritorious Reserved Candidates Can Claim Unreserved Horizontal Vacancies Based On Merit: Supreme Court Employee Not Entitled To Gratuity Until Conclusion Of Both Departmental And Criminal Proceedings: Supreme Court Stamp Duty Recovery Against Legal Heirs Is Strictly Limited To The Extent Of Inherited Estate: Allahabad High Court Single Lathi Blow On Head During Sudden Altercation Amounts To Culpable Homicide Under Section 304 Part II IPC, Not Murder: Madhya Pradesh High Court Habeas Corpus Maintainable For Child Custody Against Father; Cannot Be Dismissed Merely Due To Alternate Remedy: Allahabad High Court "Plea Of Ignorance In Digital Era Inexcusable": Punjab & Haryana HC Imposes Rs 10K Cost On Accused For Hiding Prior Bail Dismissal Discrepancies In Name And Age On Monthly Pass Fail To Establish 'Bona Fide Passenger' Status In Railway Accident Claim: Delhi High Court "Last Seen" Theory A Weak Link If Time Gap Is Wide: Bombay High Court Acquits Man Sentenced To Life For Murder Failure To Conduct Pre-Anaesthetic Check-Up Prima Facie Amounts To Gross Medical Negligence Under Section 304A IPC: Kerala High Court Gujarat High Court Bans AI From Judicial Decision-Making, Lays Down Strict Policy for Court Use of Artificial Intelligence

Hair Oil AHAHO's Classification as Medicament, Rejects Cosmetic Label

07 May 2024 8:19 AM

By: Admin


On 3 May 2023, the Supreme Court of India settled a long-standing dispute over the classification of the product AHAHO. The court held that AHAHO should be classified as a "medicament" under Chapter 30 of the Central Excise Tariff Act, 1985, rather than a "cosmetic or toilet preparation" under Chapter 33. This landmark judgment, delivered on May 3, 2023, carries significant implications for the classification and regulation of similar products in the future.

The dispute centered around the interpretation of the twin test, consisting of the ingredients test and the common parlance test, to determine the true nature of AHAHO. After careful consideration of the findings of the Adjudicating Authority, the submissions made by the appellant, and the observations of the Tribunal, the Supreme Court arrived at its decision.

Under the ingredients test, the court examined the composition of AHAHO and established that it contained four homeopathic medicines: Arnica Montana, Cantharis, Pilocarpine, and Cinchona. The court relied on authoritative texts, such as the Homeopathic Pharmacopoeia of India and the Dictionary of Practical Materia Medica, to confirm the legitimacy of these ingredients. It dismissed doubts raised by the Adjudicating Authority regarding the utility of Pilocarpine as a homeopathic drug, highlighting that AHAHO had obtained proper registration as a homeopathic medicine.

Turning to the common parlance test, the court refuted the appellant's argument that AHAHO's availability in both medical and general stores, as well as its over-the-counter purchase, classified it as a cosmetic. The court referenced prior judgments, emphasizing that availability and non-prescription status alone did not dictate the categorization of a product as a medicament. Additionally, the court noted that AHAHO possessed therapeutic and prophylactic properties, as indicated by its intended use and composition, further supporting its classification as a medicament.

Addressing the contention that AHAHO's labeling as "Hair Oil" necessitated a cosmetic classification, the court highlighted that the label prominently displayed the terms "Homeo" and "Arnica" alongside the expression "Hair Oil." These preceding terms indicated the medicinal nature of the product, rendering the "Hair Oil" reference secondary. The court further emphasized that depictions on the label, such as a woman with long flowing hair, were consistent with the product's intended indications for hair fall control, dandruff prevention, and improving sleep quality.

The court swiftly dismissed the Revenue's argument that amendments made to Chapters 30 and 33 in 2012 justified re-classification. It concluded that these changes, although broadening the scope of the chapters and providing detailed specifications, did not fundamentally alter the character of AHAHO. The court drew on earlier judgments to underscore that changes in the tax structure did not warrant re-classification unless the product itself underwent significant transformation.

Date: May 3, 2023

COMMISSSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX, HYDERABAD   VS ASHWANI HOMEO PHARMACY  

Latest Legal News