2009 (4) TMI 780

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..... both sides. 2. Shri L.B. Yadav, ld. SDR appearing for the department states that at the material time the expression franchise was defined to mean an agreement by which :- (i) franchisee is granted representational right to sell or manufacture goods or to provide service or undertake any process identified with franchisor, whether or not a trade mark, service mark, trade name, logo or any suc .....

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..... criteria as brought out in the show-cause notice and also in the original order. However, the lower appellate authority has held erroneously that the Respondents have not satisfied Sr. No. (ii) above without examining the facts of the case. 3. Heard Shri R. Santhanam, ld. Advocate appearing for the Respondent also states that all the four elements under definition of franchisee are fully satisf .....

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..... red to the arguments advanced on behalf of the Respondents he has given no finding as to whether the Respondent have satisfied criterion No. (ii) under the definition of franchisee. In the order portion, he has merely recorded the opinion that respondents have satisfied this condition without examining the facts of the case. As such, with the consent of both sides, we set the aside impugned order .....

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