2003 (4) TMI 482 - AT - Central Excise

Summary

Issues:
1. Allegation of affixing name plates of another company.
2. Denial of using brand name and trade name.
3. Interpretation of Notification No. 175/86 and 1/93.
4. Confiscation of goods and penalty imposition.
5. Applicability of Apex Court judgments on brand name usage.

Issue 1 - Allegation of affixing name plates of another company:
The appeal arose from proceedings initiated against the appellant for allegedly affixing name plates of another company, leading to a duty demand and confiscation of goods. The Commissioner held that the appellants affixed the name plate/brand name of the traders, denying them the benefit of certain notifications. The appellants argued that they were job workers and the company representatives affixed the labels for identification purposes.

Issue 2 - Denial of using brand name and trade name:
The consultant for the appellant relied on various judgments to argue that affixing the 'house mark' on products does not amount to using a brand name. They emphasized that the labels were for identification and did not constitute trade marks or brand names. The appellant's position was that they did not use any brand or trade names, merely the labels of the ordering traders.

Issue 3 - Interpretation of Notification No. 175/86 and 1/93:
The dispute centered on the interpretation of Notification No. 175/86 and 1/93, with the Commissioner holding that the appellants were not eligible for the benefit of these notifications due to the alleged use of brand names. The consultant argued that the labels were not brand names or trade marks, thus entitling the appellant to the notification benefits.

Issue 4 - Confiscation of goods and penalty imposition:
The Commissioner ordered the recovery of duty, penalty imposition, and confiscation of goods, later releasing the goods upon payment of a fine. The Tribunal considered the submissions and found that the appellants were not affixing trade or brand names, leading to the setting aside of the impugned order and allowing the appeal.

Issue 5 - Applicability of Apex Court judgments on brand name usage:
The arguments revolved around the applicability of Apex Court judgments regarding the use of brand names. The Tribunal found that the appellants did not affix any trade or brand names but only the names of the ordering traders, distinguishing them from cases where brand names were used, thus allowing the appeal based on the cited judgments.