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2015 (4) TMI 75 - SUPREME COURT

2015 (4) TMI 75 - SUPREME COURT - 2015 (318) E.L.T. 362 (SC) - Entitlement of the excise exemption in terms of exemption Notification No.1/93 dated 28.2.1993 - denial on the ground that the respondent is using the brand name of M/s. TISCO Ltd. i.e. TISCOG - Held that:- It becomes clear that amendment was brought to deny the benefit of Notification to those SSI units which have been making use of branded good for another person irrespective of whether the brand name owner himself is SSI unit or n .....

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n accordance with law - non-payment of duty by the respondent was bona fide act, having nurtured a belief that it was not liable to pay the excise duty on the goods - Therefore, while setting aside the order of the Tribunal, we restore the order of the Commissioner only insofar as it pertains to imposition of excise duty in the sum of ₹ 34,67,164/- and set aside the penalties imposed in the said order. - Decided partly in favour of Revenue. - Civil Appeal Nos. 7955-7956 of 2003 - Dated:- 1 .....

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t and final order dated 18.2.2003 passed by the Customs, Excise Gold (Control) appellate Tribunal, Kolkata, (hereinafter referred as 'the CEGAT'). By the judgment the CEGAT has allowed the appeal of the respondent herein and set aside the Order-in-Original passed by the Commissioner Excise levying the excise duty in the sum of ₹ 34,67,164/-. Penalty of an identical amount is also imposed under the provisions of Sec. 11A (C) of the Central Excise Act. Penalty of ₹ 8.50 lakhs w .....

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d with para 4 of the said Notification No.1/93 which denies this exemption under certain circumstances. Said para 4 reads as under: "The exemption contained in this Notification shall not apply to the specified goods where a manufacturer affixes the specified goods with a brand name or trade name (registered or not) of another person who is not eligible for the grant of exemption under this Notification: Provided that nothing contained in this paragraph shall be applicable to the specified .....

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ndustries Commission or of the State Khadi and Village Industries Board." It is not in dispute that the respondent is a small scale industry. However, it was denied the exemption by the Revenue invoking the provisions of para 4 above on the ground that the respondent is using the brand name of M/s. TISCO Ltd. i.e. TISCOG and therefore comes within the mischief of para 4. The relevant facts which are to be taken note of for this purpose are that M/s. Tata Iron and Steel Company Ltd. (TISCO) .....

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on is given by TISCO Ltd. The respondent did not pay any excise duty on the premise that it was entitled to the exemption under the aforesaid Notification. When the show cause notice was issued to the respondent to pay the excise duty, defence of the respondent was that the respondent was not affixing the said brand name TISCOG on the goods which were supplied by respondent to the parties from which he received the orders. It was stated that such a name was mentioned only in the invoices which w .....

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ion No.1/93. This issue, on the facts of the present case as noted above, is not more than res integra and has been settled by few judgments of this Court. It is not necessary to refer to all those judgments. Our purpose would be served in mentioning the judgment titled Commissioner of Central Excise, Chennai-II vs. Australian Foods India (P) Ltd. (2013) 287 E.L.T. 385 (SC). In the said case the Court took note of the original para 4 in Notification No.1/93 dated 28.2.1993 where the words mentio .....

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10 of the said judgment which we reproduce below for the sake of clarification: 10. Part (iii) of Para J of the Budget Changes-1994-95 dealt with "Changes in the SSI schemes" explains the purpose of the amendment in the following words: "(iii) Brand name provision has been amended so as to provide that SSI concession shall not apply to the goods bearing the brand name or trade name of another person. The effect of this amendment is that if an SSI unit manufactures the branded good .....

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the input material used by the SSI unit was already affixed with brand name." It becomes clear from the reading of the aforesaid paras that amendment in para 4 in the manner mentioned above was brought to deny the benefit of Notification to those SSI units which have been making use of branded good for another person irrespective of whether the brand name owner himself is SSI unit or not. It was also made abundantly clear here that the requirement of affixation or brand name by the SSI unit .....

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