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TMI Blog1993 (7) TMI 77X X X X Extracts X X X X X X X X Extracts X X X X ..... es a television set having a projection-unit and a head-screen mounted at a long distance. A television set - in the imagination of the consumer - is a compact set with inbuilt screen which adores the drawing room and bed room. A television set in the market costs about ₹ 15,000/- to ₹ 25,000/- whereas the respondents' product costs between ₹ 1,20,000/- to ₹ 1,50,000/-. We, therefore, agree with the view taken by the Assistant Collector and the Collector. We, further, agree with the Assistant Collector that the product of the respondent fully answers the description of "Video Projectors" in terms of the Notification No. 160/86. It is not disputed, rather it is the case of the respondent that the "projection televi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the brand names Hotline Projectavision 203, Hotline Projectavision 303, Hotline Projectavision 503 and Hotline Projectavision 222. A single set consists of a projection-unit" and a screen. Different models have screens of different sizes. The screen size for the model Hotline Projectavision 203 is 200 CM (79"), for Hotline Projectavision 303, the screen size is 300 cm (119") etc. The projection-unit, which is placed at a distance from the screen, is designed to produce images upto 65 times the size of a conventional television. These sets are sold to video parlours, cinema halls, universities and other institutions for catering to a large audience. According to the respondent the projectavision is designed to accommodate various inputs s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levision receiver set. It was highlighted that the projection set has three cathode rays tubes whereas the ordinary set consists of only one such tube. The cathode-rays tubes used in both types of sets are entirely different in their shape, size and function. The Assistant Collector primarily decided against the respondent-company on the ground that the 'projection television set' is not known as 'broadcast television receiver set' in common parlance of the trade. He accepted the contention of the respondent that the projection television is a television receiver in the sense that it receives the video signals and the images of distant events and objects but he rejected the contentions of the respondents on the following reasoning :- "But ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Appeals) upheld the abovequoted findings of the Assistant Collector. The Tribunal did not touch the question as to how the product called "broadcast television receiver set" is identified by the class or section of people dealing with or using the product. That is the test to be followed when the relevant notifications do not contain any definition of the products. The identity of an article is associated with its primary function and utility. The names of certain products have functional association in the mind of the consumers. There is a mental association in the mind of the consumer in respect of certain products keeping in view the utility of the product and also the reputation the name of the product has acquired in the market and am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, rather it is the case of the respondent that the "projection television set" manufactured by them receives the televised image. 'Video' is the transmission and reception of a televised image. In other words, it is a television image or the electric signals corresponding to it. It pertains to the picture portion of the televised programme. 'Projector' is a device for projecting a light beam, an apparatus for throwing illuminated images or motion pictures on the screen. The product of the respondent-company projects on a screen the video signals transmitted from the television station and received by it. The Assistant Collector has, thus, rightly reached the conclusion that the product of the respondent answers the description of a 'video ..... X X X X Extracts X X X X X X X X Extracts X X X X
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