2002 (1) TMI 803

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....e Appellant. Shri M.H. Shaikh, JDR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - The appellants contest the findings in the impugned order passed by the appellate authority that the printed paper backed aluminium foil made out of duty paid aluminium foil, bearing their logo, trade mark and particulars of their product, is marketable. According to them the same were ....

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.... of being marketed. Tlie contention of the appellants, relying upon the decision of the Apex Court in the case of Indian Cable Company Limited v. CCE - 1994 (74) E.L.T. 22 (S.C.) that they are not purchasers (as they are only actual users of the product in dispute) and therefore the goods fail the test of marketability, is not acceptable for the reason that an actual user can also be a purchaser. ....