Section 9 A&C Act Relief Available Until Award Is Actually Enforced, Even After It Becomes Enforceable: Telangana High Court Matrimonial Litigations Must Not Degenerate Into Contests Of Mutual Humiliation By Weaponising Private Images: Delhi High Court Unarmed Witnesses’ Inaction Against Armed Assailants Justified By Instinct Of Self-Preservation; Testimony Cannot Be Discarded: Allahabad High Court Ocular Evidence Outweighs Motive: Andhra Pradesh High Court Upholds Murder Conviction Based On Reliable Eyewitness Testimony Arrest Illegal If Written 'Grounds Of Arrest' Not Furnished To Accused; Communication Of Mere 'Reasons' Insufficient: Bombay High Court Absence Of Territorial Jurisdiction No Ground To Quash FIR At Threshold If Allegations Disclose Cognizable Offence: Calcutta High Court Proof Of Demand Is Sine Qua Non For PC Act Conviction; Voice Recordings Inadmissible Without Sec 65-B Certificate: Chhattisgarh HC Section 91 IEA | Disposition Of Immovable Property Cannot Be Proved By Oral Evidence If Written Document Not Produced: Delhi High Court NRC Legacy Data Extracts Inadmissible Without Section 65B Certificate; PAN Card & EPIC Not Proof Of Citizenship: Gauhati High Court Testimony Of Injured Witness Entitled To Great Weight; Minor Contradictions Due To Lapse Of Memory Cannot Discard Prosecution Case: Himachal Pradesh High Court Section 164 CrPC Statement Recorded Without Procedural Safeguards Or 'Cooling-Off' Period Not A Valid Confession: Jharkhand High Court Anticipatory Bail Cannot Be Denied Merely Because Investigation Is At A Nascent Stage If Custodial Interrogation Is Not Indispensable: Telangana High Court Actual Pay Drawn During Last 10 Months Must Be Basis For Pension Calculation, Regardless Of Notional Pay In Parent Bank: Punjab & Haryana High Court Kerala High Court Remands Teacher Seniority Dispute For Fresh Consideration To Verify If Senior Teacher Relinquished Promotion Claim Receipt Of DNA Report After Testimony Doesn't Automatically Confer Right To Recall Witness For Further Cross-Examination: Madhya Pradesh High Court Possession Of 'Bhang' Not An Offence Under NDPS Act, Specific Definition Excludes It: Jharkhand High Court Acquits Man Trial Court Cannot Reject Request For Handwriting Expert Merely Because Signatures Are On Photocopies: Punjab & Haryana High Court

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