TMI Blog2013 (2) TMI 278X X X X Extracts X X X X X X X X Extracts X X X X ..... o December 2001 and the first assignment deed has been executed on 10.08.2000 Held that:- There is no assignment deed in favour of the appellant for the period prior to 10.08.2000 and even for the period on or after 10.08.2000, the assignment is not effective since, as per the deed, the assignment takes place when the trade marks are registered. Inasmuch as the trade marks are yet to be registe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exemption notification, they are not eligible for the exemption and accordingly confirmed a demand of Rs.45,851/- along with interest thereon and also imposed penalty on the appellant. The appellant preferred an appeal before the lower appellate authority who, vide the impugned order, rejected their appeal and hence the appellant is before us. 3. Shri V.C.Vakharia, proprietor of the appellant fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case of Zarafshan Chemicals Pvt. Ltd. vs. Commissioner. Therefore, he pleads that the ratio of this decision may be followed and the appeal decided in their favour. 4. The learned Superintendent (AR) appearing for the Revenue, reiterates the findings of the lower authority and submits that the assignment deeds take effect only from the date when the said trade marks gets registered and dur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee to assign the Assignee the said trade marks when get registered. To a query by the Bench, the appellant state that the trade marks are yet to be registered and the application is still pending. If that be so, at the material time, there is no assignment in favour of the appellant and, therefore, the brand names of the goods under clearance do not belong to the appellant and belong to M/s Milic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us, there is no assignment deed in favour of the appellant for the period prior to 10.08.2000 and even for the period on or after 10.08.2000, the assignment is not effective since, as per the deed, the assignment takes place when the trade marks are registered. Inasmuch as the trade marks are yet to be registered, the question of the appellant owning the brand name by virtue of the assignment deed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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