2006 (11) TMI 618 - AT - Central Excise

Summary

Issues involved: Revenue appeal against denial of benefit under SSI Notification due to another company's name affixed on cylinders.

Summary:
The Appellate Tribunal CESTAT BANGALORE heard a Revenue appeal against OIO No. 55/2002-RP dated 30.09.2002, where the assessees, manufacturers of Gases under Chapters 28 and 29 of the Schedule to CET, availed the benefit of SSI Notification. The Department proposed to deny the benefit as another company's name was affixed on the Cylinders. However, the Commissioner found that the company's name was not a brand name, the units were independent, not related persons, and held that the clearances cannot be clubbed, allowing the assessees to benefit from the Notification. The Revenue was aggrieved by this decision.

Upon hearing both sides, the Tribunal noted that the issue had been decided in favor of the assessees in numerous judgments. The assessees used their own cylinders for filling gases and also received empty cylinders from other companies for identification purposes, with names indicated on them. The goods were sold under the brand name of the other person. The respondents argued that the Revenue raised new grounds in the appeal memo, which should not be considered, citing relevant case law.

Regarding the cylinders with the other company's name, the Tribunal referred to various judgments. In one case, it was held that mentioning another manufacturer's name was for identification purposes and did not imply the use of the brand name. Another case emphasized that markings for distinguishing buyers do not establish a trade mark/brand name. The Tribunal in a different case ruled that marking packing materials with a brand name was immaterial. Lastly, a case highlighted that the SSI exemption cannot be denied based on a mark printed on the tag for identification purposes, even if not directly related to the brand name. Based on these precedents, the Tribunal found no merit in the appeal and rejected it.