2011 (5) TMI 483 - AT - Central Excise

SSI exemption - Penalty u/s 11AC - Limitation - Used the brand name of third parties - CCE, Chandigarh-I vs. Mahaan Dairies (2004 -TMI - 46929 - SUPREME COURT OF INDIA) - the appellant parties have used the brand name KARAM which belonged to a third party and, therefore, the decision of the Commissioner (Appeals) holding that the appellant parties are not eligible for exemption does not called for any interference. Appellant parties have clearly failed to disclose the vital information relating to use of the brand name which was within the knowledge to the Central Excise authorities and which condition was necessary for availing the benefit of exemption, also hold that invocation of extended period of limitation is justified - mandatory penalty u/s 11AC is warranted in the present case - Decided against the assessee.

Issues:
Appeal against order of Commissioner (Appeals) regarding brand name usage and small scale exemption eligibility; Disposal of four appeals arising from common order-in-original; Allegation of using brand name KARAM belonging to third party; Demand of duty and penalties; Claim of different brand names by appellant parties; Invocation of extended period of limitation; Imposition of penalties equal to duty involved under Section 11AC; Exclusion of spares value from duty demand; Consideration of cum-duty benefit; Fresh calculation of duty and penalty; Ex-parte order contention.

Detailed Analysis:

1. Brand Name Usage and Small Scale Exemption Eligibility:
The appeals involved challenges against the order of the Commissioner (Appeals) regarding the usage of the brand name KARAM, belonging to M/s Guru Nanak Engineering Works, by the appellant parties. The original authority had initially dropped the proceedings, but the Commissioner (Appeals) upheld the demand of duties and imposed penalties based on the usage of the brand name. The parties contended that the brand names used by them were different and even sought registration for the same. However, the tribunal found that the brand names used by the appellant parties were essentially KARAM, belonging to a third party, and thus upheld the decision that they were not eligible for the small scale exemption.

2. Disposal of Appeals Arising from Common Order:
Four appeals arising from a common order-in-original were disposed of collectively as they involved common facts and issues related to brand name usage and exemption eligibility. The tribunal considered the contentions of both parties and made a consolidated decision based on the shared circumstances of the appeals.

3. Allegation of Using Brand Name KARAM:
The central issue revolved around the allegation that the appellant parties were using the brand name KARAM, which belonged to M/s Guru Nanak Engineering Works. The parties failed to disclose this crucial information to the Central Excise authorities while availing the exemption meant for small scale units. The tribunal upheld the findings that the brand names used by the appellant parties were essentially KARAM, despite attempts to argue for differences in the brand names.

4. Demand of Duty and Penalties:
The show cause notices issued proposed demands of duty from the appellant parties for using the brand name KARAM and sought penalties. The original authority dropped the proceedings initially, but the Commissioner (Appeals) confirmed the demands and imposed penalties based on the usage of the brand name. The tribunal upheld the decision of the Commissioner (Appeals) regarding the duty demands and penalties.

5. Invocation of Extended Period of Limitation and Section 11AC Penalties:
The tribunal justified the invocation of the extended period of limitation due to the failure of the appellant parties to disclose the use of the brand name KARAM. Additionally, penalties under Section 11AC were deemed warranted in line with the decisions of the Hon'ble Supreme Court, emphasizing the importance of revealing vital information for availing exemptions.

6. Exclusion of Spares Value and Cum-Duty Benefit:
The tribunal agreed to exclude the value of spares that did not bear any trademark from the duty demand relating to M/s Karam Machine Tools. It also directed a fresh calculation regarding the cum-duty benefit, as the original authority and the Commissioner (Appeals) had not considered this aspect.

7. Ex-Parte Order Contention:
Regarding the contention of an ex-parte order, the tribunal found that the Commissioner (Appeals) had granted personal hearings on two occasions, and the appellant party had not appeared. Despite this, the tribunal ensured a thorough consideration of all submissions and issues raised by the appellant parties before making its decision.

Conclusion:
The appeals were disposed of with a comprehensive analysis of the brand name usage, small scale exemption eligibility, duty demands, penalties, extended period of limitation, and the necessity of disclosing vital information. The tribunal upheld the decision that the appellant parties were not eligible for the exemption due to the usage of the brand name KARAM, belonging to a third party, and directed a re-calculation of duty and penalties while emphasizing the importance of revealing relevant information to the authorities.

← Previous Next →