MUKUL MUDGAL , J.

1. The main issue involved in the present appeal relates to the interpretation of Note-

III of the price notification dated 24th December, 2002 issued under Gazette Notification

No. S.O.1363(E) dated 24th December, 2008. The said Notification reads as under:-

“(Published in Part II, Section 3, Sub Section (ii) of the Gazette of India Extraordinary, dated the 24th December, 2002)

Government of India Ministry of Chemicals and Fertilizers (National Pharmaceuticals Pricing Authority)

New Delhi, the 24th December, 2002

ORDER

S.O. 1363(E) -In exercise of the powers, conferred by sub-paragraphs (1) and (2) of paragraph 9 read with paragraph 11 of the Drugs (Price Control) Order, 1995, read with No. S.O. 637 (E) dated the 4th September, 1997 issued by the Government of India in the Ministry of Chemicals and Fertilizers, and in supersession of the order of the Government of India in the Ministry of Chemicals and Fertilizers (National Pharmaceutical Pricing Authority), No. S. O. 685(E) dated 25 August, 1999, in so far as relates to formulation packs mentioned in the table below, except in respect of things done or omitted to be done before such supersession, the National Pharmaceutical Pricing Authority hereby fixes the prices as specified in column (5) of the table below as ceiling prices exclusive of the excise duty and local tax, if any, of each of the scheduled formulations specified in the corresponding entry in column (2) of the said table with the strength and pack size specified respectively in the corresponding entries in columns (3) and (4) thereof :

TABLE

Sl. No. Name of the Formulation Strength Pack Size Ceiling Price (Rs.)

(1) (2) (3) (4) (5)

Each capsule contains

1 Capsules of Vitamin B Complex with Vitamin C & Others (Therapeutic) Vitamin B1 10mg Vitamin B2 10mg Vitamin B6 3mg Vitamin B12 7.5mcg, Niacinamide 75mg, Calcium Pentothenate/D Panthenol 25mg, Vitamin C 150mg, Vitamin E 20mg, Zinc Sulphate Monohydrate 61.8mg eq. to Zinc-Element 22.5mg 10s Strip/Blister 8.36

Each Coated tablet contains

2 Tablet of Vitamin B Complex with Vitamin C & Others (Therapeutic) Vitamin B1 10mg Vitamin B2 10mg Vitamin B6 3mg Vitamin B12 10mcg, Niacinamide 50mg, Calcium Pentothenate/D Panthenol 16.3mg Vitamin C 150mg, D-Biotin 0.15mg Zinc Sulphate Monohydrate 61.8mg eq. to Zinc-Element 22.5mg 10s Strip/Blister 6.64

IMPORTANT NOTE:

I. For all the other Vitamin formulations having composition within the prescribed range in schedule-V under Drugs & Cosmetics Act, 1940, the following adjustment shall be made by a manufacturer to work out the Maximum Retail Price (MRP) for a product under the said order for formulation(s) in column no. 2, when there is change in the composition and the following factors (which are inclusive of admissible MAPE) shall be added/ subtracted as the case may be to the notified ceiling price given in column no. 5 of the table on the following

basis.

For each 10 tablet/capsule in strip/blister.

(i) For each 5mg or part thereof of Niacinamide Rs.0.036 shall be added/subtracted

(ii) For each 5mg or part thereof of Calcium Pantothenate Rs.0.082 shall be added/subtracted

(iii) For each 5mg or part thereof of D-Panthenol Rs.0.139 shall be added/subtracted

(iv) For each 0.5mg or part thereof of Folic Acid Rs.0.023 shall be added/subtracted

(v) For each 5mcg or part thereof of Vitamin B12 Rs.0.054 shall be added/subtracted

(vi) For each 2mg or part thereof of Vitamin B1 Rs.0.037 shall be added/subtracted

(vii) For each 2mg or part thereof of Vitamin B2 Rs.0.117 shall be added/subtracted

(viii) For each 1mg or part thereof of Vitamin B6 Rs.0.03 shall be added/subtracted

(ix) For each 10mg or part thereof of Vitamin C Rs.0.102 shall be added/subtracted

(x) For each 5mg or part thereof of Vitamin E Rs.0.180 shall be added/subtracted

(xi) For each 10mg or part thereof of Zinc with or without other trace mineral elements, single or combined,

Rs.0.073 shall be added/subtracted

(xii) For each 0.05mg (50 Micro