2003 (4) TMI 192 - AT - Central Excise

Summary

Issues:
1. Affixation of brand name and small scale exemption eligibility.
2. Allegations of clandestine removal of radios.

Affixation of Brand Name and Small Scale Exemption Eligibility:
The Revenue appealed against the Commissioner (Appeals) order on two issues. First, they argued that the respondents affixed brand names "SONU I" and "LITTLE MASTER" on their products, making them ineligible for small scale exemption. The Revenue sought to restore the differential duty confirmed by the original adjudicating authority. However, the Commissioner (Appeals) found no evidence that the brand names belonged to another person, and the respondents claimed the brand names were pre-existing on imported components. The Tribunal noted that the burden to prove brand ownership rested with the Revenue and upheld the Commissioner's decision based on precedents and a Board Circular. The Tribunal concluded that the respondents did not affix the brand names and deserved the small scale exemption.

Allegations of Clandestine Removal of Radios:
Regarding the allegation of clandestine removal, the Commissioner (Appeals) found insufficient evidence to support the claim that the respondents had removed radios without accounting for central excise duty. The Revenue relied on two loose papers allegedly recovered from the respondents' premises, but the lack of signatures or other corroborative evidence raised doubts. The Commissioner (Appeals) highlighted the absence of proper investigation and valid evidence to establish clandestine removal. The Tribunal agreed with the Commissioner's findings, noting the retracted statement of the respondents' representative and the lack of conclusive proof. Ultimately, the Tribunal extended the benefit of the doubt to the respondents and upheld the Commissioner (Appeals) order, rejecting the Revenue's appeal.

In conclusion, the Tribunal dismissed the Revenue's appeal, affirming the Commissioner (Appeals) decisions on both issues. The Tribunal emphasized the importance of proper evidence and burden of proof in cases of brand affixation and allegations of clandestine removal. The judgment underscored the need for conclusive evidence and valid documentation to establish liability in excise duty matters.