2014 (2) TMI 1054 - AT - Central Excise

Benefit of SSI exemption - brand name of others - extended period of limitation - Held that - Though the earlier show cause notice was in respect of seizure of goods, seized on the date of visit of officers, but we note that during the relevant period, use of brand name of others on goods different than the one manufactured by the brand name owner was held to be permissible by various decisions of Tribunal. Even if we accept the Revenue s contention that the said brand name belonged to reputed manufacturer, they have not shown anything to establish that the said brand names were being used by their owners in respect of Transmission rubber belting. As various decisions during the relevant period had laid down that use of brand name of others, in respect of different goods would not bar claim of small scale exemption, we are of the view that no suppression can be attributable to the assessee - Decided against Revenue.

Summary

Issues:
1. Eligibility for SSI exemption due to the use of brand names on products.
2. Allegations of Revenue regarding the use of brand names by the manufacturer.
3. Limitation period for invoking demand and penalty.

Analysis:
1. The case involved a dispute regarding the eligibility of the manufacturer for Small Scale Industry (SSI) exemption due to the use of various brand names on their products, such as Goodyear, monkeygrip, libra, etc. The Revenue contended that using brand names of other persons disqualified the manufacturer from the SSI exemption. Proceedings were initiated with a show cause notice raising a demand of Rs. 3,78,987 for the period 1994-1995. The original adjudicating authority confirmed the demand along with interest and penalty.

2. The Commissioner (Appeals) set aside the order, noting that the Revenue failed to disclose the persons to whom the brand names belonged. Without evidence to establish ownership of the brand names, the Commissioner found no merit in the Revenue's contentions. The Commissioner also highlighted that a previous show cause notice had been issued, indicating Revenue's awareness of the brand name usage, which raised concerns regarding the limitation period for the subsequent notice.

3. The Tribunal upheld the Commissioner's decision, emphasizing that the Revenue did not provide evidence of the brand name ownership. Despite the Revenue's argument that reputed manufacturers owned the brand names, they failed to demonstrate the specific usage of those brand names on the type of goods manufactured by the appellant. Previous Tribunal decisions supported the permissibility of using brand names of others on different goods without affecting the SSI exemption claim. Consequently, the Tribunal rejected the Revenue's appeal, citing the lack of evidence and the established legal precedent.

This detailed analysis of the judgment highlights the key issues of eligibility for SSI exemption, allegations regarding brand name usage, and the limitation period, providing a comprehensive understanding of the legal reasoning and conclusions reached by the Tribunal.