1998 (6) TMI 276 - AT - Central Excise

Summary

Issues:
- Eligibility for exemption under Notification 175/86 for M/s. Preston Engineering Co.
- Contravention of Rule 173B by not filing a fresh classification list.
- Alleged manufacturing of branded goods for another company.
- Rejection of contention by Addl. Collector of Central Excise.
- Interpretation of Paragraph 7 of Notification 175/86.
- Affixation of brand name on goods or secondary packing.
- Applicability of brand name display on packing material.
- Conditions for contravention under Rule 9(2).
- Allegations of clandestine removal and clearance without assessment.
- Competency of Addl. Collector to adjudicate the matter.
- Limitation period and allegations of suppression or mis-declaration.

Analysis:
The appeal by M/s. Preston Engineering Co. challenged the order of the Addl. Collector of Central Excise concerning their eligibility for exemption under Notification 175/86. The Department alleged a contravention of Rule 173B due to the failure to file a fresh classification list after an amending notification. The Addl. Collector found the appellants ineligible for exemption, imposing a duty demand and a personal penalty based on the alleged manufacturing of branded goods for another company, Indo Asian Marketing Pvt. Ltd.

The appellant's advocate argued that Paragraph 7 of Notification 175/86 should not apply as the brand name was affixed on secondary packing, not the goods themselves. Citing relevant case law, the advocate contended that the brand name display on packing cartons, supplied by the buyers, should not disqualify the manufacturer from the exemption. The advocate highlighted that the brand name on the cartons related to a different product, switchgear, not the wires manufactured by the appellants.

The Tribunal considered the submissions and case laws presented. It was noted that the brand name of the second brand holder appeared on the cartons, not the goods themselves. The Tribunal agreed with the appellant's argument that the display of the brand name on packing material, especially when less prominent and for a different product, should not deny the benefit of the exemption under Notification 175/86. The Tribunal found merit in the appeal, setting aside the impugned order and granting consequential benefits to the appellants.

The judgment emphasized the distinction between affixing brand names on goods versus secondary packing, ultimately ruling in favor of M/s. Preston Engineering Co. based on the interpretation of Paragraph 7 and the specific circumstances of the case. The decision highlighted the importance of the manner and relevance of brand name display in determining eligibility for exemption under the notification.