2008 (8) TMI 711 - AT - Central Excise

Summary

Issues:
Classification of mineral water under SH 2201.19 of CETA Schedule, Admissibility of benefit under Notification No. 16/97-C.E. to goods cleared under a brand name not owned by the appellant.

Analysis:
1. Classification of Mineral Water: The issue of the classification of the mineral water under SH 2201.19 of the CETA Schedule was not in dispute. The product was clearly identified under this classification.

2. Admissibility of Benefit under Notification No. 16/97-C.E.: The main contention revolved around whether the benefit of Notification No. 16/97-C.E., dated 1-4-97, was applicable to the goods cleared by the appellant under the brand name "WAVE," which was owned by M/s. NMZ Industries Pvt. Ltd. The appellant argued that they were entitled to the SSI exemption benefit for the period in question.

3. Legal Position of Brand Ownership: The Tribunal analyzed the legal position regarding brand ownership. It was established that the brand name "WAVE" belonged to M/s. NMZ Industries Pvt. Ltd., while the appellant company was initially named "NMZ Shoes (P) Ltd." and later renamed "Aasim Industries Pvt. Ltd." The Tribunal emphasized that these were distinct legal entities, despite common directors and shareholders. Consequently, the Tribunal ruled that the appellant could not validly claim the benefit of the SSI exemption for goods cleared under a brand name owned by another legal entity.

4. Appellate Authority's Error: The Tribunal found fault with the lower appellate authority's decision, which had allowed the appellant's claim to use the brand name "WAVE" during the relevant period. The Tribunal held that the two companies were separate legal entities, and therefore, the benefit of the SSI exemption notification was not available to the goods cleared by the appellant under a brand name owned by a different entity.

5. Decision: Ultimately, the Tribunal set aside the impugned order and allowed the appeal of the Revenue. It was held that the benefit of Notification No. 16/97-C.E. was not applicable to the goods cleared by the appellant under the brand name "WAVE," which belonged to M/s. NMZ Industries Pvt. Ltd. The judgment was pronounced in open court on 20-8-2008.

In conclusion, the Tribunal's decision focused on the legal ownership of the brand name "WAVE" and clarified that the SSI exemption benefit could not be claimed by the appellant for goods cleared under a brand name owned by a separate legal entity.