2004 (12) TMI 134 - AT - Central Excise

Summary

Issues involved: Denial of SSI exemption under Notification No. 8/2001 dated 1-3-2001 to the appellants for using brand names Anil, Hind, and AEW on their products submersible pumps which belonged to another person.

Summary:
1. The appeal was filed against the order-in-appeal affirming the duty demand with penalty on the Company appellant No. 1 and personal penalty on its Director appellant No. 2.

2. The issue pertained to the denial of SSI exemption under Notification No. 8/2001 to the appellants for using brand names Anil, Hind, and AEW on their products, which were claimed to belong to another person.

3. Upon review, it was found that the brand names in question belonged to Anil Kumar Jindal, who was also a Director of the appellants' company. As he had applied for the registration of the brand names in his individual name and not in the name of his separate firm, M/s. AEW, it was concluded that the appellants could not be denied the SSI exemption.

4. Additionally, it was noted that the demand for the period prior to August 2002 was time-barred as the show cause notice was issued after the said period without specific allegations of wilful suppression of facts. The demand for the period August 2002 onwards was within time, but no duty could be demanded due to the appellants' entitlement to the SSI exemption.

5. Consequently, the impugned order was set aside, and the appeals of the appellants were allowed with consequential relief.

This judgment highlights the importance of proper registration of brand names and the applicability of time limitations in duty demands, emphasizing the need for specific allegations in show cause notices for invoking extended periods.