Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2012 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (12) TMI 174 - AT - Central ExciseApplication for modification of stay order - SSI Exempted - Extended period of limitation - Whether the brand name RIAT can be said to be owned by the appellant company – limitation – Held that:-In that order, the merits of the case and also the question of time bar, had been considered and it had been found that in respect of the same, the appellant have not been able to establish prima facie case. As discussed above, on the question as to whether the brand name RIAT can be said to be owned by the appellant company and on which the bulk of the duty demand of Rs. 59,49,884/- is based, the judgment of the Apex Court in the case of Prince Valves Industries v. CCE, Chandigarh (2006 (2) TMI 172 - SUPREME COURT OF INDIA) appears to be against the appellant. Even the appellant’s plea that there is an assignment deed dated 17-6-2006 assigning the brand name RIAT to M/s. Riat Tools Pvt. Ltd. and, hence, for the period w.e.f. 17-6-2006 the SSI exemption cannot be denied to them also does not help them in view of the Tribunal’s judgment in the case of VEE GEE Faucets P. Ltd. v. CC, Gurgaon (2010 (3) TMI 710 - CESTAT, NEW DELHI) cited by the learned DR. The appellant’s plea with regard to limitation had also been considered in the stay order dated 21-4-2011 and had not been found acceptable in the background of the fact that they had not intimated the department that the brand name RIAT being used on their goods does not belong to them and the same is still registered in the name of M/s. Riat Machine Tools. Miscellaneous application dismissed.
|