2018 (9) TMI 1129 - AT - Central Excise

SSI Exemption - use of Brand name of others - brand name BASANT-BI - N/N. 8/2003 dated 01.03.2003 - Held that - The issue related to trade mark or brand name Basant is already decided by this Tribunal in the case of Commissioner of Central Excise & Service Tax-Ludhiana vs. M/s Basant Presses (India) 2017 (6) TMI 805 - CESTAT CHANDIGARH wherein this Tribunal has held that Basant trade mark was being used by M/s Basant Mechanical Works, Ludhiana and the same even if used by M/s Basant Presses (India), they were eligible for SSI exemption - The appellant was eligible to avail benefit of exemption under Notification No. 8/2003 dated 01.03.2003 which is also for availing the benefit of SSI exemption - appeal allowed - decided in favor of appellant.

Summary

Issues involved:
1. Eligibility for SSI exemption based on the use of a brand name.
2. Interpretation of the Central Excise Act regarding brand names.
3. Comparison with a previous case regarding brand name usage for SSI exemption eligibility.

Analysis:
1. The appellant, engaged in manufacturing Power Press falling under Chapter 84 of the Central Excise Tariff Act, availed SSI exemption but faced a show cause notice alleging the use of the brand name "BASANT-BI" owned by another entity, questioning their eligibility for the exemption.

2. The appellant argued that "BASANT-BI" was distinct from the registered trademark "BASANT" owned by M/s BASANT Mechanical Works, emphasizing that the brand names were different. They cited a previous case where a similar issue was resolved in favor of the appellant, supporting their claim for SSI exemption eligibility based on the unique brand name usage.

3. The respondent contended that even partial use of a brand name registered by another entity could disqualify the appellant from SSI exemption. However, the Tribunal referred to a previous judgment where it was established that the usage of a brand name, even if registered by another party, did not automatically disqualify an entity from availing the SSI exemption.

4. After reviewing the arguments and records, the Tribunal found that the issue of the brand name "Basant" had been previously addressed in a similar case, where it was ruled that the appellant could avail the SSI exemption despite using a brand name registered by another entity. Consequently, the impugned order was set aside, and the appeal was allowed in favor of the appellant.

This detailed analysis of the judgment highlights the key legal issues, arguments presented, and the Tribunal's decision based on the interpretation of the Central Excise Act and precedent cases related to brand name usage for SSI exemption eligibility.