2003 (3) TMI 112

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....d Gold (Control) Appellate Tribunal (For short 'the CEGAT') dated 14th March, 2000 and 9th October, 2001. The point involved in both these appeals is whether the appellants are entitled to benefit of Notification No. 75 of 1994, dated 29th March, 1994. This Notification exempts from payment of duty medicaments used in, amongst others, Ayurvedic preparation manufactured in accordance with the formu....

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....e Notification does not prevent a party from using any other mark or symbol or monogram or invented words. It is submitted that mere use of additional words would not deprive a party of the benefit of the Notification. It is submitted that the word "Maha Bhringol" is not a trade or a brand name and that the appellants do not have any proprietary right to these words. It is pointed out that the app....

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....d under a brand name and but not sold as "Chavanprash". For example, it is sold say as "Kesri Jivan". (d)        "Chavanprash" is not prepared as per the ayurvedic text books but using some other formulas." 4.It is submitted that the case of the appellants falls squarely under Clause (b) above. It is submitted that they are selling "Maha Bhringraj Oil". It ....