MRP based duty on Medicaments - 002/2005 - Central Excise - Non Tariff

This Notification has been superseded vide Notification No. 14/2008 CE (NT) dated 1/3/2008

MRP based duty on Medicaments

Notification No. 2/2005-Central Excise (N.T.)

In exercise of the powers conferred by sub-section (1) and sub-section (2) of section 4A of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby specifies the goods mentioned in column (3) of the Table below and falling under Chapter or Heading No. of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) mentioned in the corresponding entry in column (2) of the said Table, as the goods to which the provisions of the said sub-section (2) shall apply, and allows as abatement the percentage of retail sale price mentioned in the corresponding entry in column (4) of the said Table:-

TABLE

  2. This notification will come into force on the 1st day of February, 2007.

⁴[Explanation - 1.-For the purposes of this notification, "retail sale price" means the retail price displayed by the manufacturer under the provisions of the Drugs (Prices Control) Order,1995.

Explanation 2.- For the purposes of this notification, "Patent or proprietary medicaments" means any drug or medicinal preparation, in whatever form, for use in the internal or external treatment of, or for the prevention of ailments in human beings or animals, which bears either on itself or on its container or both, a name which is not specified in a monograph, in a Pharmacopoeia, Formulary or other publications, namely:-

(a) the Indian Pharmacopoeia;

(b) the International Pharmacopoeia;

(c) the National Formulary of India;

(d) the British Pharmacopoeia;

(e) the British Pharmaceutical Codex;

(f) the British Veterinary Codex;

(g) the United States Pharmacopoeia;

(h) the National Formulary of the U.S.A.;

(i) the Dental Formulary of the U.S.A.; and

(j) the State Pharmacopoeia of the U.S.S.R.,

or which is a brand name, that is, a name or a registered trade mark under the Trade marks Act, 1999 (47 of 1999), or any other mark such as a symbol, monogram, label, signature or invented words or any writing which is used in relation to that medicine for the purpose of indicating or so as to indicate a connection in the course of trade between the medicine and some person, having the right either as proprietor or otherwise to use the name or mark with or without any indication of the identity of that person.]

F.No.354/100/2004-TRU

V.Sivasubramanian

Deputy Secretary to the Government of India

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Notes :    

1. For the word "Chapter", wherever it occurs, the words "Chapter or Heading No." has been substituted vide Notification No. 29/2007 CE (NT) dated 6/7/2007 before the word "chapter" has been substituted for "Chapter or Heading No. or Sub-Heading No." vide Notification No. 28/2006 CE (NT) dated 29/12/2006

2. Against S. No. 1 and S. No. 2 for the entry in column (2), the entry "3003 or 3004" has been substituted vide Notification No. 29/2007 CE (NT) dated 6/7/2007 before the entry was read as "30" vide Notification No. 28/2006 CE (NT) dated 29/12/2006

3. Against S. No. 1 and S. No. 2 for the entry in column (4) the entry " 42.5%" has been substituted vide Notification No 02/2007 C.E (N.T) dated 31/1/2007 before the entry was "40" substituted vide Notification No. 04/2005 CE (NT) dated 23/2/2005

4. Has been substituted vide Notification No. 28/2006 CE (NT) dated 29/12/2006