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Commissioner of Central Excise, Delhi-I Versus The Heels

SSI exemption - N/N. 8/2003-C.E., dated 1st March 2003 - use of brand names belonging to others - documents to be placed to substantiate the plea. It is not understood why, information concerning registration of trademarks, which is in the public dom .....

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n if the affixing of a sticker to the footwear in question may amount to manufacture, the Respondents would nevertheless be entitled to exemption under the aforementioned notification as an SSI unit. This factual finding does not, in the considered v .....

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T concerns payment of duty and, therefore, an appeal is maintainable only before the Supreme Court. - Appeal dismissed. - CEAC No. 2 of 2016 & CM No. 3910 of 2016 (for stay) - Dated:- 8-2-2016 - S. Muralidhar and Vibhu Bakhru, JJ. Ms. Sonia Sharm .....

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ding counsel appearing for the appellant, that in September, 2015 the Department has come across certain documents which show that the units from where the respondents have been procuring their products were using registered trademarks which would ma .....

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h September, 2008 issued to the respondents and the consequential order-in-original passed on 25th September, 2009. Against that order, the respondents went in appeal to the Commissioner (Appeals) who by an order dated 9th July, 2010 allowed the appe .....

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her than THE HEELS belonged to some other person as no Trade Mark Registration or some other document proving the ownership of the impugned brand names by some other persons have been placed on record while making allegations in the show cause notice .....

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mark. The Department did not urge before the CESTAT that it had documents in its possession to substantiate such plea. It is not understood why, information concerning registration of trademarks, which is in the public domain, could not be gathered b .....

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