2006 (6) TMI 383 - AT - Central Excise

SSI Exemption - Brand name - Demand - Clandestine removal - Valuation - Confiscation of goods

Summary

Issues:
1. Benefit of SSI Exemption Notification denied due to the use of registered brand names.
2. Allegation of clandestine removal of goods based on shortages of crown corks.
3. Valuation of goods under Section 4A of the CE Act.
4. Confiscation of goods due to non-entry in the RG 1 Register.

Analysis:

Issue 1 - Benefit of SSI Exemption Notification:
The appellant, a proprietary unit manufacturing aerated waters, used brand names registered by another company, leading to the denial of SSI Exemption benefit. The appellant argued they were not the users of the brand names. However, citing a Supreme Court judgment, the Tribunal ruled against the appellant, denying them the benefit of the SSI Exemption.

Issue 2 - Clandestine Removal of Goods:
The allegation of clandestine removal based on shortages of crown corks lacked collaborative evidence in favor of the Revenue. The appellant's defense highlighted the absence of proof of clandestine clearances, purchases, or money flow back. The Tribunal, noting the lack of evidence and relying on settled judgments, set aside the demands related to clandestine removal.

Issue 3 - Valuation under Section 4A:
Regarding the applicability of Section 4A for valuation, the appellant argued that the revised stickers affixed on goods did not justify price revision. Citing precedents, the Tribunal agreed with the appellant, emphasizing that MRP values on stickers cannot be the sole basis for enhancing valuation under Section 4A. Consequently, the revision of value based on this ground was set aside.

Issue 4 - Non-entry in the RG 1 Register:
The dispute over non-entry of goods in the RG 1 Register resulted in the confiscation and imposition of penalties. The appellant contended that non-entry should not lead to confiscation, but the Tribunal upheld the confiscation and penalties, affirming the imposition of a redemption fine. The order on this aspect was affirmed by the Tribunal.

In conclusion, the Tribunal modified the impugned order by denying the benefit of the SSI Exemption, setting aside demands related to clandestine removal and valuation under Section 4A, and affirming the confiscation of goods due to non-entry in the RG 1 Register. The matter was remanded to the Original Authority for reevaluation of duty and penalties based on the Tribunal's order. The appeals were disposed of accordingly.