TMI Blog2015 (6) TMI 469X X X X Extracts X X X X X X X X Extracts X X X X ..... ar, Member (Technical) And Honble Mrs.Sulekha Beevi C.S., Member (Judicial),JJ. For the Appellant : Shri R.K.Gupta, DR For the Respondent : none ORDER Per: Rakesh Kumar The facts leading to the filing these appeals are, in brief, as under: 1.1 The respondents are manufacturer of bolts under sub-heading 7318.10 of Central Excise Tariff Act, 1985. The period of dispute is from 1.4.1998 to 30.8.2001. During the period of dispute, they were availing SSI exemption. Certain quantities of bolts were cleared to their customers by putting their initial VF, RE, TVS, DECENT, H.F., J.P.F. and POOJA FORGE. The department was of the view that these marks have to be treated as trade name or brand names belonging to other persons a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers with words UTS and TSN which were brand name of others, the same would not be eligible for SSI exemption. He, therefore, pleaded that the impugned order is not correct. 4. We have considered the submissions of learned DR have gone through the records of this case. The respondent have cleared certain quantity of bolts manufactured by them to their customers by affixing the marks - VF, RE, TVS, DECENT, H.F., J.P.F. and POOJA FORGE. There is no dispute that these marks are the initials of the customers. For example, RE is the initial for M/s.Renuka Enterprises, PF is the initial for M/s. Precision Forging Stamping, VF is the initial for M/s.Vignesh Fasteners, etc. In the case of Unison Electronics Pvt.Ltd. (supra), the assessee was cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther person. This judgement of the Apex Court is also squarely applicable to the facts of this case. In view of this, the duty demand of ₹ 9,55,181/- against the respondent is confirmed alongwith interest on it under section 11AB and besides this, penalty of equal amount is imposable on them under section 11AC. The seized goods valued at ₹ 39,600 and raw material valued at ₹ 34,725/- is also ordered to be confiscated with an option to redeem the same on payment of redemption fine of ₹ 5,000/-. Since the penalty has been imposed under section 11AC, no penalty is imposable on Shri Anurag Jain, the proprietor of the respondent company under Rule 26. The Revenues appeal is accordingly allowed. (Pronounced in the open ..... X X X X Extracts X X X X X X X X Extracts X X X X
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