9911796707
TMI Blog2009 (2) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... ch. In view of this, we find that there is no error in our order which needs to be rectified and the applicant is merely seeking a review of our order rather than rectifying any mistake – application rejected. - E/1858/2003 - M/160/2009-WZB/C-II/EB - Dated:- 12-2-2009 - S/Shri P.G. Chacko, Member (J) and K.K. Agarwal, Member (T) Shri M.H. Patil, Advocate, for the Appellant. Shri N.A. Sayeed, JDR, for the Respondent. [Order per : K.K. Agarwal, Member (T)]. - This is an application for rectification of mistake arising in our Order No. A/699 to 700/08/C-II/EB dated 4-8-08 [2008 (232) E.L.T. 357 (Tribunal)]. 2. The applicant in their stay application which was argued by their counsel before us have stated that the Tribunal w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of assignment dated 9-1-06, according to which the assessees are absolute owners of the brand name "Advance" in India and even the applicants have been permitted to get the said brand name registered in their name. (e) That an application for registration was made with Trade mark registry vide application dated 18-8-99, wherein use of the said brand name has been shown since 1996. (f) That joint venture agreement was submitted to Superintendent vide letter dated 1-9-99. (g) That final registration of brand name by TMR has been issued on 30-8-05, with effect from 18-8-99. (h) That because of divergent views on availability of SSI exemption on use of foreign brand name, matter was referred to larger bench in the case of Namtech System ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial and technical know-how licence agreement which contained Trademark Register User Agreement permitting the respondent to use the said disputed brand name and also permitting them to own the said brand name in India; (c) Periodically returns in Form RT12 were/are being submitted the Superintendent regularly and the same were being assessed without any adverse remark; (d) the respondent's factory was being visited by the officials from the Range/Division and the manufacturing activities/final products bearing the said brand name have been seen during their visits and the stock checkings were also being done. (k) Further, in any unlikely event of Tribunal holding that the SSI exemption is not available, credit of Cenvat cum duty etc. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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