2000 (8) TMI 442 - AT - Central Excise

Summary

Issues:
1. Interpretation of Notification No. 175/86-C.E. and 75/87 regarding excisable goods.
2. Liability for duty payment on goods cleared without duty.
3. Imposition of penalties on M/s. HMTD Engineering, M/s. Gopi Electronics, and Shri Balakrishnan.
4. Appeal against penalties imposed under Rule 209A.
5. Dispute over brand name on goods manufactured by M/s. Gopi Electronics.
6. Correct interpretation of Notification No. 75/87 regarding brand name eligibility.
7. Incorrect nomination of respondent in the Revenue's appeal.

Analysis:
The case involved appeals and a cross objection related to a show cause notice regarding excisable goods cleared without duty payment. M/s. HMTD Engineering manufactured goods under Notification No. 175/86-C.E., but certain products were not eligible for the notification's benefit, leading to a duty quantification of Rs. 3,12,998.40 for the period 1991-92. Goods manufactured by M/s. Gopi Electronics during 1992-93 were supplied to M/s. H.M.T.D. Engineering, who sold them to Railways under Notification No. 75/87. The issue arose due to goods bearing the brand name of another manufacturer, affecting their eligibility for exemption under the notification.

The Commissioner's order examined the brand name issue in detail, emphasizing the creation of a buyer's impression between the product and the manufacturer. The Commissioner differentiated between tailor-made goods and normal branded goods, concluding that the goods did not create the expected brand impression due to documentation showing M/s. Gopi Electronics as manufacturers and M/s. HMTD as contractors. Penalties were imposed on M/s. HMTD Engineering, M/s. Gopi Electronics, and Shri Balakrishnan, leading to appeals against the penalties under Rule 209A.

During the appeal, it was argued that the penalty imposition was not intentional but due to misinterpretation of the notification. The Tribunal found that the assessees should have known the goods were not covered by the notification, rejecting the plea of inadvertence. The Tribunal also noted the failure to deposit duty despite admission of contravention. The appeal by M/s. HMTD Engineering was dismissed, while the penalty on Shri Balakrishnan was remitted due to lack of specific culpability.

Regarding the brand name dispute, the Revenue contested the Commissioner's findings, arguing that M/s. HMTD Engineering was eligible under Notification No. 75/87. However, the appeal was flawed as it nominated the wrong respondent, leading to its dismissal. The correct interpretation of the notification was crucial in determining brand name eligibility, emphasizing the need for accurate respondent nomination in appeals to ensure legal validity and effectiveness.