1998 (4) TMI 244 - AT - Central Excise

Summary

Issues:
Eligibility of Rubber Hose Assembly for small scale exemption under Notification No. 175/86-C.E.

Analysis:
The appeal before the Appellate Tribunal CEGAT, CALCUTTA involved the eligibility of the product, Rubber Hose Assembly marketed under the respondent's brand name "DYNAFLOW", for the benefit under Notification No. 175/86-C.E., dated 1-3-1986. The respondents, M/s. K.B. Engineers (P) Ltd., manufactured the Rubber Hose Assembly under their own brand name and also for M/s. Dunlop India Ltd. The revenue contended that the Hose Assembly marketed under "DYNAFLOW" brand name was manufactured based on technical specifications and technology obtained for manufacturing Dunlop brand goods.

The Tribunal carefully considered the matter and the submissions from both sides. Under Notification No. 175/86-C.E., the specified excisable goods were eligible for small scale exemption subject to certain conditions. One condition stated that the exemption did not apply if a manufacturer affixed the goods with a brand name of another person not eligible for the exemption. The notification referred to affixation with a brand name, not the technology used for manufacturing the goods.

In this case, the respondents purchased rubber hose pipes from outside, which carried the manufacturer's name. The respondents manufactured the Rubber Hose Assembly by affixing metal fittings with their own brand name "DYNAFLOW". The Tribunal noted that the brand name did not belong to Dunlop, and the affixation of the brand name was not related to the technical drawings or specifications. The Collector of Central Excise (Appeals), Calcutta also observed that the brand name Dunlop was already present on the inputs received by the manufacturer, which did not make the goods affixed with Dunlop's brand name.

After analyzing the legal position and the express wordings of the notification, the Tribunal found no fault in the Collector's view. Consequently, the Tribunal rejected the appeal filed by the revenue as they did not find any merit in challenging the Collector's decision.