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2018 (12) TMI 849 - AT - Central ExciseSSI Exemption - use of brand name - affixation of stickers/ labels containing brand name - brand name owned by sister concern or not - manufacturing activities undertaken at the Lake View Road premises or not - time limitation. Held that - It is clear that only such marks would constitute Brand Names/Trade Marks which are used for indicating or so as to indicate a connection in the course of trade between the goods on which exemption is sought and some other person using such name or mark. The manner of use of such Brand Name/Trade Name as also the intention of the supposed user are therefore essential factors to be kept in mind - There is no denying that the appellant No.1 had neither intended to use SEN 24, 21, 120/- is held as unsustainable in law and set aside. Issue no. 3 is thus answered in favour of the appellants. Extended period of limitation - Held that - It is not necessary to go into this issue. Penalty also could not be visited. Appeal allowed - decided in favor of appellant.
Issues Involved:
1. Use of Brand Name 'SEN & PANDIT' by appellant No. 1. 2. Ownership of the Brand Name by M/s SPPEL. 3. Manufacturing activities at Lake View Road premises. 4. Limitation period for issuing Show Cause Notices. Issue-wise Detailed Analysis: I. Use of Brand Name 'SEN & PANDIT' by appellant No. 1: The tribunal examined whether the appellant No. 1 used 'SEN & PANDIT' as a Brand Name on its products. It was concluded that the sticker/label with 'SEN & PANDIT' was not indicative of a Brand Name as defined in the SSI Exemption Notifications. The label was small, affixed on the rear side of the products, and included other details like the company name and product specifications. The tribunal held that the manner and intention of use did not indicate a connection in the course of trade between the appellant No. 1's products and M/s SPPEL. It was determined that 'SEN & PANDIT' was not used as a Brand Name and thus did not disqualify the appellant from SSI Exemption benefits. II. Ownership of the Brand Name by M/s SPPEL: The tribunal found that M/s SPPEL had applied for registration of different logos/expressions, not 'SEN & PANDIT' alone. The purported ownership of the Brand Name by M/s SPPEL was not substantiated by evidence. The tribunal noted that simply applying for registration did not confer ownership rights. It was concluded that M/s SPPEL was not the legal owner of the Brand Name 'SEN & PANDIT', and thus, the appellant No. 1 did not use a Brand Name belonging to another entity. III. Manufacturing activities at Lake View Road premises: The tribunal scrutinized the allegation that appellant No. 1 undertook manufacturing activities at its Sales cum Service Centre. The evidence relied upon by the Department, primarily statements from vendors and employees, was found to be contradictory and uncorroborated. The tribunal emphasized that the Department failed to provide positive evidence, such as test reports or market opinions, to prove that the appellant engaged in manufacturing. It was determined that the activities performed at the Lake View Road premises, such as post-sale services, quality control, and affixation of stickers, did not amount to 'manufacture' under Section 2(f) of the Act. Consequently, the demand for Central Excise duty of ?24,21,120/- was deemed unsustainable. IV. Limitation period for issuing Show Cause Notices: Given the tribunal's findings on the substantive issues, it did not find it necessary to delve into the limitation period for issuing the Show Cause Notices. Conclusion: The tribunal set aside the impugned Order-in-Original, concluding that: 1. The appellant No. 1 did not use any Brand Name that disqualified it from SSI Exemption benefits. 2. M/s SPPEL was not the legal owner of the Brand Name 'SEN & PANDIT'. 3. No significant manufacturing activities were undertaken at the Lake View Road premises. 4. The penalties imposed on the appellants were unwarranted. The appeals were allowed with consequential benefits to the appellants.
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