2002 (1) TMI 829 - AT - Central Excise

Summary

The Appellate Tribunal CEGAT, Mumbai granted waiver of deposit of duty of Rs. 1,89,980/- and penalty of Rs. 18,980/- to the applicant. The dispute arose from the use of the mark "AW" on hydraulic machinery, which belonged to American Refrigeration Co. The applicant claimed to have acquired the rights to the mark through a business purchase agreement. The Tribunal found a prima facie case in favor of the applicant and waived the duty and penalty, staying their recovery.