2015 (11) TMI 1414 - SC - Central Excise

Claim of exemption on clearance of product known as Crane Gutkha which is containing chewing Tobacco - Whether branded or not - Benefit of Exemption Notification No. 08/2001 CE dated 01.03.2001 - Held that - the goods of the assessee are preparations containing chewing Tobacco. Thus, the only question is as to whether branded or unbranded preparations in order to qualify for exemption under the aforesaid Notification, the assessee has to prove that goods are unbranded. We have already pointed out above that the assessee is selling these goods under the brand name Crane Gutkha . However, the contention of the learned counsel for the assessee is that since this is the home brand name that brand name belongs to the assessee itself which has to be treated as unbranded. This contention proceeds on the premise that the branded goods belonging to third party only would be treated as branded and insofar as goods sold under brand name belonging to the assessee are concerned, they have to be treated as unbranded. This contention is clearly misconceived and untenable. - judgment of the Tribunal is unsustainable in law and is liable to be set aside. Thus, holding that the assessee is not entitled to any exemption under the aforesaid Notification - Decided in favour of Revenue.

Summary

Issues:
- Challenge to the order of the Customs Excise and Service Tax Appellate Tribunal granting the respondent/assessee the benefit of Exemption Notification No. 08/2001 CE dated 01.03.2001.
- Interpretation of the Notification regarding the exemption for SSI units not availing CENVAT credit.
- Determining whether the goods sold under the brand name "Crane Gutkha" by the assessee qualify as unbranded for the purpose of exemption under the Notification.

Analysis:
The Supreme Court heard an appeal challenging the Tribunal's decision granting the respondent/assessee the benefit of an exemption under Notification No. 08/2001 CE. The assessee, engaged in manufacturing Pan Masala/Gutkha, claimed exemption under the said notification, arguing that the brand name "Crane Gutkha" was its own and should be treated as unbranded. The Commissioner had initially rejected this claim, demanding payment of duty at a normal rate. However, the Tribunal ruled in favor of the assessee, granting them partial exemption under the notification.

To understand the case, the Court delved into the specifics of Notification No. 08/2001, which pertained to the SSI exemption scheme for units not availing CENVAT credit. The notification exempted clearances of goods falling under certain categories, excluding goods under Chapter 24 of the First Schedule unless they were unbranded chewing Tobacco or preparations containing chewing Tobacco. As the goods in question fell under Chapter 24 and were preparations containing chewing Tobacco, the key issue was whether they could be considered unbranded to qualify for the exemption.

The Court scrutinized the definition of "brand name" in the notification, emphasizing that it did not restrict brand names to third-party brands. The definition encompassed any name or mark used in relation to specified goods, irrespective of the owner. The Court dismissed the assessee's argument that their own brand name should be treated as unbranded, emphasizing that once goods are sold under any brand name, they are considered branded. The Court also noted that the definition of "brand name" appeared in Chapter 24 where the goods fell, reinforcing that the Tribunal's decision was legally unsustainable.

Consequently, the Court held that the assessee was not entitled to any exemption under the notification, allowing the appeals and overturning the Tribunal's order. The Court also directed the Commissioner to consider the aspect of CENVAT credit for the assessee if duty payment was required due to the exemption denial.