{"id":320634,"date":"2024-12-20T20:39:51","date_gmt":"2024-12-20T15:09:51","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=320634"},"modified":"2024-12-20T20:39:51","modified_gmt":"2024-12-20T15:09:51","slug":"supreme-court-rules-coconut-oil-as-edible-oil","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/supreme-court-rules-coconut-oil-as-edible-oil\/","title":{"rendered":"Supreme Court Rules Coconut Oil as Edible Oil"},"content":{"rendered":"<p><strong>Source<\/strong>: The post Supreme Court Rules Coconut Oil as Edible Oil has been created, based on the article \u201c<strong>Is coconut oil an edible oil or a haircare product? Here is what Supreme Court ruled<\/strong>\u201d published in \u201c<strong>Indian Express<\/strong>\u201d on 20th December 2024<\/p>\n<p><strong>UPSC Syllabus Topic:<\/strong> GS Paper3-Economy-taxation<\/p>\n<p><strong>Context<\/strong>: The article discusses how the Supreme Court decided that coconut oil should be classified as an edible oil for taxation purposes, not as a hair care product, despite being sold in small packets sometimes. This decision means coconut oil now attracts a lower Goods and Services Tax rate of 5% instead of 18%.<\/p>\n<h2><strong>How was coconut oil classified earlier?<\/strong><\/h2>\n<ol>\n<li><strong>Before 2005<\/strong>: Coconut oil was broadly treated as an edible oil under tax regulations.<\/li>\n<li><strong>2005 Amendment (CET Act)<\/strong>: Coconut oil was classified under Section III as an edible oil, attracting an excise duty of 8%. Hair care products, under Section VI, were taxed at 16%.<\/li>\n<li><strong>2009 Circular<\/strong>: The Central Board of Excise and Customs classified coconut oil in containers smaller than 200 ml as hair oil to impose a higher tax of 16%.<\/li>\n<li><strong>2015 Withdrawal<\/strong>: The circular was withdrawn after tribunals ruled that small packs could not be presumed to be hair oil.<\/li>\n<li><strong>Tribunal Rulings<\/strong>: In challenges by companies like Madhan Agro, tribunals held coconut oil as edible oil, regardless of packaging size.<\/li>\n<\/ol>\n<h2><strong>What led to the Supreme Court case?<\/strong><\/h2>\n<ol>\n<li>In 2007, the central excise authorities issued show-cause notices to Madhan Agro Industries, questioning whether coconut oil sold in small packets should be taxed as a hair care product.<\/li>\n<li>The company challenged this decision, leading to legal proceedings.<\/li>\n<li>In 2015, after the Tribunal ruled that coconut oil in small packs is still edible oil, the Central Excise Commissioner appealed to the Supreme Court.<\/li>\n<li>The case revolved around whether small-sized coconut oil should be taxed at the higher 18% rate for hair oils or the 5% rate for edible oils.<\/li>\n<\/ol>\n<h2><strong>What were the Supreme Court&#8217;s views?<\/strong><\/h2>\n<ol>\n<li><strong> Supreme Court\u2019s 2018 Views on Coconut Oil Taxation: <\/strong><\/li>\n<\/ol>\n<p><strong>Split Verdict<\/strong>: The bench of Justices Ranjan Gogoi and R Banumathi delivered differing opinions:<\/p>\n<ul>\n<li>Justice Gogoi classified coconut oil as edible oil regardless of its packaging size, emphasizing its primary use as food.<\/li>\n<li>Justice Banumathi applied the <strong>Common Parlance Test<\/strong>, ruling that coconut oil in small containers is commonly understood as hair oil and should be taxed accordingly.<\/li>\n<li>The common parlance test determines how the public or market generally understands or uses a product. It is used when a product can be classified under two tax categories.<\/li>\n<\/ul>\n<ol start=\"2\">\n<li><strong> Supreme Court\u2019s Recent (2023) Views: <\/strong><\/li>\n<\/ol>\n<ul>\n<li><strong>Classification Under HSN Norms<\/strong>: The court ruled coconut oil as an edible oil based on Harmonised System of Nomenclature (HSN) norms, irrespective of packaging size.<\/li>\n<li><strong>Rejection of Common Parlance Test<\/strong>: The test was deemed inapplicable as the product is clearly defined under the law.<\/li>\n<li><strong>Size Irrelevance<\/strong>: The court noted that small-sized packaging is common for both edible and hair oils.<\/li>\n<li><strong>Standards of Weights and Measures (Packaged Commodities) Rules, 1977<\/strong>: The court referred to this rule, which allows edible oils to be packed in sizes like 50 ml, 100 ml, and 200 ml.<\/li>\n<li><strong>Examples of Precedents<\/strong>: The court cited cases like homeopathic hair oil being classified as a medicament (2023) and <em>anardana<\/em> as seeds (2022) to justify its decision.<\/li>\n<\/ul>\n<p><strong>Question for practice:<\/strong><\/p>\n<p>Discuss the Supreme Court&#8217;s decision on the classification of coconut oil for taxation purposes.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Source: The post Supreme Court Rules Coconut Oil as Edible Oil has been created, based on the article \u201cIs coconut oil an edible oil or a haircare product? Here is what Supreme Court ruled\u201d published in \u201cIndian Express\u201d on 20th December 2024 UPSC Syllabus Topic: GS Paper3-Economy-taxation Context: The article discusses how the Supreme Court&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/supreme-court-rules-coconut-oil-as-edible-oil\/\">Continue reading <span class=\"screen-reader-text\">Supreme Court Rules Coconut Oil as Edible Oil<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,167],"tags":[216,8184,10500],"class_list":["post-320634","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-economy-subject","tag-gs-paper-3","tag-indian-economy","tag-indian-express","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/320634","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=320634"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/320634\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=320634"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=320634"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=320634"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}