2002 (5) TMI 279 - AT - Central Excise

Issues:
Whether the benefit of Small Scale Exemption under Notification No. 1/93-C.E. is available to the appellant from 10-10-95.

Analysis:
In this appeal, filed by M/s. Shakti Tools & Products, the issue revolves around the eligibility of the appellant for the Small Scale Exemption under Notification No. 1/93-C.E. effective from 10-10-95. The appellant, a manufacturer of plastic T.V. parts and moulds for injection moulding machines affixed with the brand names of customers, initially declared the normal rate of duty applicable. However, in October 1995, T.V. manufacturers instructed them to refrain from branding the parts, leading the appellant to file a new classification declaration seeking the benefit of the notification for concessional duty rates. The dispute arose when the Asstt. Commissioner disallowed the benefit, citing the appellant's initial duty payment choice at the start of the financial year and the prohibition on changing this choice under Notification No. 1/93. The Commissioner (Appeals) upheld this decision, emphasizing that goods affixed with another person's brand name are ineligible for the exemption.

The appellant's advocate argued that since the goods were affixed with another person's brand name, they paid duties at effective rates and were not entitled to the exemption. The advocate contended that the appellant's classification list clearly indicated the nature of goods manufactured and the restrictions imposed by T.V. manufacturers on branding. Additionally, the advocate relied on a precedent where it was held that goods bearing a brand name are not eligible for the Small Scale Industry (SSI) exemption. The advocate also disputed the presumption that the moulds were not branded goods, pointing out that they too bore respective names.

On the contrary, the Departmental Representative argued that the moulds and waste/scrap were not branded goods, making the appellant eligible for the exemption under Notification No. 1/93. The contention was that by initially declaring the full rate of duty for these items, the appellant opted out of the exemption.

Upon considering both arguments, the Tribunal referred to the relevant clause of Notification No. 1/93-C.E., which allows manufacturers to opt out of the exemption for specified goods bearing another person's brand name. Paragraph 4 of the notification explicitly states that the exemption does not apply to goods with such branding. Given that the appellant's goods were affixed with brand names of other persons as per their classification declaration, they were excluded from the benefit of the notification. The Tribunal emphasized that the appellant's claim of branding was not refuted by the Revenue, and the Tribunal's previous ruling supported the ineligibility of branded goods for the exemption. Consequently, the Tribunal set aside the impugned order and allowed the appeal, ruling in favor of the appellant.

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