2005 (7) TMI 497 - AT - Central Excise

Exemption - Benefit of Notification No. 12/2001-C.E. - Demand and penalty - Limitation - Penalty

Summary

Issues:
Denial of benefit of exemption under Notification No. 12/2001-C.E. for goods with a registered brand name; Time-barred demand due to suppression of facts.

Analysis:
The appeal concerns the denial of exemption under Notification No. 12/2001-C.E. to the respondents for readymade garments bearing a registered brand name. The respondents had the brand name "Anokhi" registered for export purposes but used the same brand name for goods cleared in the domestic market as well. The tribunal found that the use of the registered brand name on goods cleared domestically rendered the respondents ineligible for the duty exemption. The notification does not specify that the registered brand name must be exclusively for local market clearance. Thus, the tribunal held that the respondents must pay duty on the clearances made during the disputed period.

Regarding the contention of the demand being time-barred, the respondents argued that their brand name was not registered for domestic sales, as stated in a letter to the Department dated 7-3-2001. However, the tribunal rejected this argument, noting that the letter did not disclose the use of the registered brand name for domestic clearances. The tribunal found that there was a suppression of facts by the respondents, justifying the invocation of the extended period of limitation against them. The Commissioner (Appeals) was criticized for misinterpreting the letter and attributing knowledge to the revenue regarding the domestic market clearances.

In conclusion, the tribunal set aside the impugned order dropping the duty demand and penalty against the respondents. The respondents were held liable to pay interest on the duty amount under Section 11AB. However, considering the circumstances and the fact that duty had been paid before the show-cause notice, the penalty under Section 11AC was reduced to Rs. 50,000 based on legal precedents. The appeal of the revenue was allowed, affirming the duty liability and reduced penalty amount.