2002 (9) TMI 792

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..... ce K.K. Usha, President]. This is an appeal at the instance of the Revenue challenging the order passed by the Commissioner of Central Excise (Appeals) vide order dated 4-11-1996. 2. The respondent is manufacturing products, namely Triben, Triben-B and Triben Plus classified under sub-heading 3003.10 of the Schedule to the Central Excise Tariff Act, 1985. The issue arising in this appeal i .....

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..... DR contended that the brand name/trade name JENBURKT of M/s. Jenburkt Pharmaceuticals Ltd. was affixed on the product packing and it is also mentioned that M/s. Jenburkt Pharmaceuticals are marketing agents. It, therefore, clearly establishes connection in the course of trade between the products Triben, Triben-B and Triben Plus and M/s. Jenburkt Pharmaceuticals. Therefore, the Commissioner (Ap .....

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..... -B and Triben Plus. It is true that the logo of Jenburkt is also printed on the cartons, but it is also printed that the product is marketed by Jenburkt. The manner in which the above printing is made on the cartons would not in any way show that the product is being identified under the brand name of Jenburkt. There is no evidence adduced by the Revenue that the marketing agency Jenburkt is also .....

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