2003 (10) TMI 76 - AT - Central Excise

Summary

Issues:
1. Use of a foreign brand name on goods for manufacturing in India
2. Eligibility for small scale exemption under Notification No. 16/97-C.E.
3. Allegations of suppression of fact and misstatement by the appellant
4. Invocation of penalty and duty demands under Section 11A of the Central Excise Act
5. Benefit of bar of limitation and applicability of Section 11A(1) in the case

Analysis:

Issue 1: Use of a foreign brand name on goods for manufacturing in India
The appellants were authorized by a UK company to use the brand name "Carnation" on their manufactured goods in India. The Reserve Bank of India permitted technical collaboration, including payment of royalty, for using the brand name. However, the investigation revealed discrepancies regarding the small scale exemption and registration of the brand name in India.

Issue 2: Eligibility for small scale exemption under Notification No. 16/97-C.E.
The appellants sought the small scale exemption under Notification No. 16/97-C.E., but it was found that they were not entitled to the benefit during specific years. The duty demand and penalties were imposed under Section 11A, along with confiscation of goods and imposition of fines on the appellant-company's Managing Director.

Issue 3: Allegations of suppression of fact and misstatement by the appellant
The adjudicating authority alleged suppression of facts and misstatement by the appellant. However, it was observed that there was no intention to defraud the government, and the appellants had filed detailed declarations with a bona fide belief in their entitlement to use the brand name. Non-declaration of the brand name was deemed immaterial in this context.

Issue 4: Invocation of penalty and duty demands under Section 11A of the Central Excise Act
The Tribunal considered the applicability of the bar of limitation and the interpretation of Section 11A(1) in the case. It was noted that during the relevant period, there were differing views on the eligibility for small scale exemption when using a foreign brand name. The Tribunal allowed the appeals on the ground of limitation, setting aside the duty demands and penalties imposed.

Issue 5: Benefit of bar of limitation and applicability of Section 11A(1) in the case
The Tribunal referred to previous judgments and the existence of multiple views on the interpretation of the law during the relevant period. Considering the settled law in 2002 and the availability of the benefit of notification in similar cases, the penalties and duty demands were not upheld, and the appeals were allowed based on the limitation grounds.