2003 (11) TMI 413

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..... Shri R.K. Pardeshi, JDR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. - These appeals are against the classification of the entity 'TOCOFER' cleared as medicament under Chapter 3003.10 by this appellant, a manufacturer of P. P. Medicines. The lower authorities had classified Tocofer and another entity HB Plus Capsules as medicaments. The Department had appealed in all three cases .....

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..... or 8-12 weeks for Noctronul muscle cramps, while same 400 mg for 12-18 weeks is prescription for intermittent claudication and 2-6 months daily for Fibrocystic breast disease and daily for Atherosclerosis. (b) The mode of presentation and the packaging in dosage form and prescription as per offer literature, induces to arrive at a conclusion that the entity is covered by the definition of me .....

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..... and packaged in dosage form and has prophylactic activity then it qualifies to be a medicament, it would also attain exclusion from being qualified to be covered by the Heading 29.36. (e) The Tribunal decisions in the case of Softesule Ltd. [2002 (146) E.L.T. 418] and [2003 (154) E.L.T. 238 (T) = 2003 (107) ECR 153] and the fact that the appellant is covered and controlled by Drug Central A .....

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