2004 (10) TMI 398 - AT - Central Excise

Summary

Issues involved:
- Whether M/s. Siddhartha Marketing Services Ltd. are clearing excisable goods bearing the brand name of another person.
- Whether the demand of duty is hit by time-limit.

Analysis:
1. Brand Name Issue:
The Appellant, a manufacturer of rigid PVC pipes, claimed small-scale exemption benefits under Notification No. 9/98-C.E. The main contention was whether the brand names used by the Appellants belonged to another person, thus affecting their eligibility for the exemption. The Appellant argued that there was no evidence to prove that the brand names used belonged to others. They cited previous Tribunal decisions and a Board's Circular to support their claim. However, the Revenue presented evidence that the Appellants were indeed using brand names belonging to other entities. The Tribunal agreed with the Revenue, stating that the Appellants were clearing goods bearing brand names of other persons, thereby denying them the benefit of the small-scale exemption notification.

2. Time-Barred Demand Issue:
The Appellant also contended that the demand for the period from November 1998 to October 2001 was time-barred. They argued that they had disclosed their brand names in declarations and that the principle of res judicata applied to the demand for 1999-2000. On the contrary, the Revenue argued that the Appellants had misdeclared their brand names to evade duty payment, justifying the invocation of the extended period of limitation. The Tribunal agreed with the Revenue, stating that the Appellants had suppressed facts regarding the ownership of brand names, making the extended period of limitation applicable. However, the Tribunal remanded the matter to recompute the duty demand if the earlier demand had attained finality.

3. Penalty Imposition:
The Tribunal upheld the imposition of penalties on the Appellants for suppressing facts and evading duty payment. They reduced one penalty amount but set aside another penalty due to the timing of the demand vis-a-vis the factory visit by Central Excise Officers. The Tribunal emphasized the importance of disclosing accurate information to avail of exemptions and avoid penalties in excise matters.

In conclusion, the Tribunal ruled against the Appellants on the brand name issue, upheld the extended period of limitation for duty demand, and imposed penalties for non-disclosure and duty evasion. The matter was remanded for reevaluation of duty demand if required.