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Grove Products (Far East) Ltd. Vs. Collector of Central Excise - Court Judgment

LegalCrystal Citation
CourtCustoms Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided On
Reported in(1983)LC2140DTri(Delhi)
AppellantGrove Products (Far East) Ltd.
RespondentCollector of Central Excise
Excerpt:
.....of beauty products" published by small business publications, delhi. in the chapter on "systemic skin preparations" is listed deodorants.6. from the above authorities, it may be seen that there is little doubt that deodorants are cosmetic preparations for care of the skin.the appellants have not adduced any evidence in support of their stand.as such, we uphold the classification of mum deodorant adopted by the lower authorities.7. the contention regarding the demand for duty being hit by time-bar has also no force. firstly, it is seen from the asstt. collector's order that he has given due allowance for the limitation aspect.secondly, the appellants have not adduced any basis for their contention, 8. in the result the orders of the lower authorities are upheld and the appeal its.....
Judgment:
1. The captioned appeal was initially filed as a Revision Application before the Central Government, which under Section 35-P of the Central Excises and Salt Act, 1944, has come as transferred proceedings to this Tribunal for disposal as if it were an appeal filed before it.

2. The appeal was listed for hearing on 10-10-1983. However, in response to the notice of hearing the appellants sent a communication dated 26-9-1983 saying that they would not be appearing for the hearing and requesting that the Tribunal may dispose of the matter on the basis of the submissions in the appeal. We, therefore, propose to dispose of the matter with the assistance of the Senior Departmental Representative.

3. The appellants are manufacturers of Cosmetics and Toilet preparations falling under Item 14F of the Central Excise Tariff Schedule (CET). In actual practice, they do not manufacture the goods in a factory of their own, but get them manufactured, as loan licensees, in a factory belonging to another party. One of the products was "MUM" deodorant in 15 gms. and 30 gms. packing. Initially, the Central Excise authorities held that MUM did not fall under Item 14F CET. Later, they seem to have considered that the product did fall under Item 14F. Consequently, they issued on 21-6-1976 a short-levy notice under Rule 10 read with Rule 173-J of the Central Excise Rules, 1944 demanding a sum of Rs. 16,075.29 on account of duty leviable on the MUM cleared during the period 17-7-1975 to 19-8-1975. After holding adjudication proceedings, the Asstt. Collector held that MUM deodorant was a preparation for the care of the skin and confirmed the demand.

The appeal against this order did not meet with success.

4. The only question falling for decision is whether MUM deodorant is a preparation for care of the skin falling under Item No. 14F GET. The appellants contend that the only purpose of the preparation is to prevent proliferation of bacteria by perspiration and thereby prevent bad odour. There is no caring of the skin involved in this. Another point taken is that demand is barred by limitation, though no reasons have been adduced in support of this point.

5. In the hearing on 10-10-1983, the learned Sr. DR has cited several technical authorities in support of the decision of the lower authorities. First, he referred to the book "COSMETICS-SCIENCE & TECHNOLOGY" edited by Edward Segarin published by Inter Science Publishers, New York. On page 11, it is stated that the types of cosmetic preparations and treatments available in the earliest centuries of the Christian era included, among other things, deodorants under the head "For care of the skin". On page 735, it is stated that a deodorant cream serves to absorb odorous materials from the skin surface and prevent subsequent development of odour by inclusion of anti-bacterial ingredients. On page 1016, deodorants are listed under "Cosmetic emulsions".

In "HARRY's Cosmeticology" by Ralph G. Harry (Leonard Hill Books of U.S.) which is a treatise on the principles and practice of modern cosmetics there is a whole chapter devoted to deodorants and anti-perspirants.

Shri Jain also referred to a book "Manufacture of Beauty Products" published by Small Business Publications, Delhi. In the Chapter on "Systemic Skin Preparations" is listed deodorants.

6. From the above authorities, it may be seen that there is little doubt that deodorants are cosmetic preparations for care of the skin.

The appellants have not adduced any evidence in support of their stand.

As such, we uphold the classification of MUM Deodorant adopted by the lower authorities.

7. The contention regarding the demand for duty being hit by time-bar has also no force. Firstly, it is seen from the Asstt. Collector's order that he has given due allowance for the limitation aspect.

Secondly, the appellants have not adduced any basis for their contention, 8. In the result the orders of the lower authorities are upheld and the appeal its rejected.


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