9911796707
TMI Blog2010 (11) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... er of fact, the relevant Recitals contained in these agreements declare the buyers to be bona fide owners of the brand names which were affixed to the goods in question - Prima facie, therefore, SSI benefit in respect of such branded goods was barred by the provisions contained in para 4 of the SSI exemption notification wherein it was laid down that the benefit of the Notification would not be av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 8,23,127/- and equal amount of penalty. The demand of duty is consequential to denial of SSI benefit for the period April 2005 to March 2008 in respect of certain medical formulations cleared by the appellant to their marketing agents. The authorities below have denied the benefit of the SSI exemption Notification to the assessee on the ground that the above goods were cleared under brand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellants. He has also shown us a specimen disclaimer. According to the ld. counsel, the aforesaid Recitals in the agreements did not purport to transfer ownership over the brand names from the appellant to the buyers of the goods. It is submitted that the question whether the buyers acquired title to the brand names and acted as bona fide owners thereof can be established upon a correct interpretat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant. The crucial documents governing the transactions between the appellant and their marketing agents are the agreements, some of which are available on record. Admittedly, these agreements provide for transfer of ownerships over brand names to the buyers. As a matter of fact, the relevant Recitals contained in these agreements declare the buyers to be bona fide owners of the brand names whic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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