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TMI Blog2015 (3) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... ame of another company not entitled to SSI exemption?" 2. Learned counsel for the parties invite our attention to the judgment dated 09.12.2009 rendered by a Coordinate Bench of this Court in C.E.O. No.14 of 2008 titled as Commissioner, Central Excise Chandigarh vs. M/s. Saboo Alloys Pvt. Limited. It is not disputed at the Bar that substantial question of law framed by the Court in the instant appeal, on identical facts, also stands answered by this Court in the said decision. For sake of profit, we reproduce the operative portion of the judgment: "The brief facts of the case are that the assessee is engaged in the manure of S.S. Ingots/Flats. The assessee was obtaining cenvat credit on the inputs used in the manufacture of final product. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reversal of Modvat credit under Central Excise Rules, 1944. Rule 57H(5) of the said Rules reads as follows:- "Where a manufacturer who opts for exemption from the whole of the duty of excise leviable on goods manufactured by him under a notification based on the value or quantity of clearances in a financial year, and who has been availing of the credit of the duty paid on inputs before such option is exercised, he shall be required to pay an amount equivalent to the credit, if any, allowed to him in respect of inputs lying in stock or used in any finished excisable goods lying in stock on the date when such option is exercised and after deducting the said amount from the said amount from the balance, if any, lying in his credit, the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the very day that it becomes available." Rule 9(2) of the Cenvat Rules reads as follows:- "A manufacturer who opts for exemption from the whole of the duty of excise leviable on goods manufactured by him under a notification based on the value or quantity of clearances in a financial year, and who has been taking of cenvat credit on inputs before such option is exercised, he shall be required to pay an amount equivalent to the cenvat credit, if any, allowed to him in respect of inputs product is destroyed by fire before stage of its removal from factory premise. In such circumstances, no excise duty becomes payable on end product. Yet Modvat credit availed on inputs used in destroyed goods is not to be recalled. This is also suggestive o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lable to the appellants in case the appellants are able to satisfy that the registration under The Trade Marks Act was obtained by 01.03.1992 onwards is not in dispute. Equally the record discloses that the authority below have denied the benefit solely on the ground that the registration under the Act was granted on 15.02.2000 and therefore the benefit thereof cannot be claimed prior to that date. 8. Section 23(1) of The Trade Marks Act, 1999 reads thus:- "(1) Subject to the provisions of section 19, when an application for registration of a trade mark has been accepted and either- (a) the application has not been opposed and the time for notice of opposition has expired; or (b) the application has been opposed and the opposition has b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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