2004 (3) TMI 676 - AT - Central Excise

Summary

Issues:
Application for waiver of pre-deposit of Central Excise duty and penalty by M/s. Pahwa Chemicals (P) Ltd.

Analysis:
The case involved an application by M/s. Pahwa Chemicals (P) Ltd. for the waiver of pre-deposit of Central Excise duty amounting to Rs. 1,94,261.40 and penalty of Rs. 50,000. The duty was demanded and penalty imposed based on the allegation that the excisable goods manufactured by the company bore the brand name 'ATR' belonging to a foreign company. The appellant's advocate argued that the matter had been previously decided against them by the Tribunal, but their appeal had been admitted by the Hon'ble Supreme Court. The company had modified the labels on their products from 1-4-99, deleting the logo 'ATR' and had informed the authorities about this change. The appellant contended that the Department's allegation of using another person's brand name was unjustified due to the label modification.

The respondent, opposing the prayer for waiver, referred to a specific finding in the impugned order where the appellants had admitted in a letter dated 15-10-2001 that the logo 'ATR' was not being used from 31-3-2000. The respondent argued that based on this admission, it could not be claimed that the logo was not used since 1-4-99. In response, the appellant's advocate mentioned that the communication in the letter was not accurate, as they had stopped using the logo 'ATR' on their labels from 1-4-99 itself.

After considering the submissions from both sides, the tribunal found that the applicants had made a strong prima facie case in their favor. Consequently, the recovery of the entire amount of duty and penalty was stayed during the pendency of the appeal, which was scheduled for regular hearing on 18-5-2004. The tribunal's decision to grant the stay was based on the arguments presented by the appellant regarding the modification of labels and the cessation of using the brand name 'ATR' from 1-4-99.