Circular No.616/07/2002-CX., dt. 06/02/2002

Classification of Shikakai Powder under
Chapter 14 or Chapter 33 of CET Act.
A doubt has been raised as to whether Shikakai Powder would be classifiable under Chapter 14 or Chapter 33 of Central Excise Tariff Act.

2. In this regard, attention is drawn to judgment dated 3.2.99 of the High Court of Karnataka in Writ appeal No. 1413 and 1736 of 1998 in the case of the Karnataka Soapnut Powder Manufacturers" Association. It has been held, inter-alia, by the High Court that the preparation of the Shikakai Powder from Shikakai amounts to manufacture. The Shikakai Powder would come within the ambit of Chapter 33 of the Central Excise Tariff Act. The appeal filed by the Association before the Supreme Court against the said order has also been dismissed by the Supreme Court.

3. Board has accepted the judgment dated 3.2.99 of the High Court of Karnataka, upheld by the Supreme Court. Accordingly, it is clarified that Shikakai Powder would be classifiable under Chapter 33 of CETA and chargeable to excise duty.

4. The above clarification may be brought to the notice of the lower field formations and trader interests may also be suitably advised.

5. All pending disputes/assessments on the issue may be settled in the light of the above guidelines. Receipt of this circular may be please acknowledged.

Sd/-
(Mallika Mahajan)
Officer on Special Duty (CX.3)

F.No.103/2/99-CX.3

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