2005 (3) TMI 373 - AT - Central Excise

Summary

Issues: Appeal against denial of SSI exemption based on the use of brand names belonging to others.

Analysis:
1. The appeals arose from a common OIA setting aside the OIO denying SSI exemption due to the clearance of Synthetic Primer under other brand names. The Commissioner considered whether the appellants were using brand names belonging to others, making them ineligible for the exemption. The Tribunal held that SSI benefit is not deniable without evidence that the brand name belongs to another person, as per Board's Circular 52/52/94-CX. The appellants admitted to using brand names, but no one claimed ownership except for 'Vinlax.' Duty was to be charged only on clearances to 'Vinlax Trading Co.' under 'Vinlax' brand, with applicable provisions of Section 11AB & 11AC. Goods under different brand names were eligible for exemption under Notification No. 1/93.

2. The Revenue contended that common brand names disentitle assessees from SSI exemption when products fall under a similar category. The use of 'Vinlax' family brand name was highlighted, alleging deliberate clearance of Synthetic Primer affixed with another company's emblem. The Revenue argued against granting SSI benefit due to the use of the family brand name 'Vinlax' and emblem belonging to another company, Shelcoat Paints.

3. The Counsel argued that no one claimed ownership of the emblem, suggesting common use does not affect SSI exemption eligibility. Citing a case precedent, it was noted that a family name like 'Pethe' cannot be considered a brand or trade name if not owned or registered by a particular person. Additionally, manufacturing goods under different specifications for distinct buyers indicates non-identical products.

4. The Tribunal observed that the Commissioner considered all aspects and correctly concluded on SSI exemption entitlement. Applying the Board's Circular and considering the absence of exclusive ownership of the brand name and emblem, the Tribunal rejected the Revenue's appeal. The judgments cited by the Counsel supported the decision to uphold the SSI exemption for the appellants.

(Operative portion of the Order was pronounced in open court on conclusion of hearing)