2006 (6) TMI 358

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..... Shri B.L. Meena, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - The appellants were importing "Monosodium Glutamate"in bulk quantities and repacking the same and selling in the Indian market through distributors. Their product is known as "AJI-NO-MOTO"in the domestic market. During April, 2003 to July, 2004, they marketed the product with the above brand-name, without payme .....

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..... e Notification. Learned Consultant has also relied on the Tribunal's decision in SPM Instruments India (P) Ltd. v. Commissioner of Central Excise, Hyderabad [2003 (152) E.L.T. 115 (Tri.-Bang.)]. We have heard learned SDR also, who has reiterated the findings contained in the impugned order. 2. After examining the records, our attention has been caught by Article 2 of the above agreement, whi .....

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..... use of the brand-name in India. The case law relied on by learned Consultant is apparently based on the finding of fact that the said party was entitled to use the brand-name in India to the exclusion of all others. It, therefore, does not seem to support the appellants' claim for the benefit of the above Notification. The assessee has not made out prima facie case. The present application does no .....

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