2001 (9) TMI 351 - AT - Central Excise

Summary

Issues Involved:
Waiver of duty and penalty for manufacturing ayurvedic medicaments under exemption notification.

Detailed Analysis:

Issue 1: Waiver of Duty and Penalty
The case involved Zandu Pharmaceutical Works Ltd. seeking a waiver of duty and penalty for manufacturing ayurvedic medicaments under exemption notification 75/94. The company claimed exemption for products manufactured exclusively according to specified formulae and sold under the name as specified in the authoritative books. However, the duty was demanded and penalty imposed due to the allegation that the products were sold under a different name, deliberately suppressing the actual name from the department. The extended period under Section 11A was invoked for the demand and penalty.

Issue 2: Product Labeling and Branding
The judgment analyzed the labeling of Zandu's products, specifically focusing on the example of Maha Laxmi Vilas Rasa. The products were labeled with the name "Zandu" prominently displayed alongside the product name. The company argued that "Zandu" was its logo and distinct from the product name. The court examined the labeling of various products, including honey, and the presence of the word "Zandu" in the classification declaration. The departmental representative highlighted the intentional branding of products as "Zandu," especially on the front of the packaging.

Issue 3: Interpretation of Branding and Logo
The court deliberated on whether the presence of "Zandu" in the product names indicated a house name or a logo of the manufacturer. The argument revolved around the significance of "Zandu" in the product classification list and the consistency of its usage across different products. The court acknowledged the presence of the leaf in the registered trade name and the variations in labeling practices among different manufacturers.

Judgment:
After considering the arguments and evidence presented, the tribunal found it challenging to make a definitive determination on the issue. However, it deemed a deposit of Rs. 20 lakhs appropriate. The tribunal ordered the waiver of the duty and penalty upon the deposit being made within two months, staying the recovery process. The compliance was set for a specific date.

This detailed analysis encapsulates the key issues of the legal judgment regarding the waiver of duty and penalty for manufacturing ayurvedic medicaments under exemption notification, the examination of product labeling and branding, and the interpretation of the company's branding practices in relation to the product names.