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of <h1>Manufacturers ineligible for exemption due to brand transfer, facing duty demands. Penalties excessive, interest upheld.</h1> <h3>SIDDARTH AGARWAL Versus COMMISSIONER OF CENTRAL EXCISE, DELHI-I</h3> The Tribunal ruled that the manufacturers were ineligible for the small scale exemption due to the brand name transfer, leading to duty demands for ... Demand - Limitation - SSI Exemption, brand name - Penalty Issues:Eligibility for small scale exemption based on brand name usage; Suppression of facts leading to extended period for duty demand; Incorrect computation of duty demand; Treatment of sale price as cum-duty; Adjustment towards Modvat credit; Imposition of penalties under Section 11AC; Demand for interest under Section 11AB.Eligibility for Small Scale Exemption:The appeals revolved around the eligibility of the manufacturers for the small scale exemption concerning the brand name 'REIZ' affixed on their goods. The dispute arose from the transfer of the brand name from one entity to another. The Tribunal analyzed the registration of the brand name 'REIZ' in 1993 and its subsequent transfer in 2000, determining the impact on the eligibility for the exemption under Notification No. 1/93. The judgment highlighted that goods manufactured under the brand name of another person are ineligible for the exemption, as per the notification.Suppression of Facts and Extended Period for Duty Demand:The case involved demands raised under the extended period due to alleged suppression of facts to evade duty payment. The Tribunal rejected the appellants' contentions regarding the limitation period, emphasizing that the registration of the brand name and the true ownership facts were known to the manufacturers. The judgment concluded that there was a clear misdeclaration to avail of the duty exemption, justifying the extended period for demand.Incorrect Computation of Duty Demand and Modvat Credit Adjustment:The appellants contested the computation of duty demand, arguing that the assessable value treatment and lack of adjustment towards Modvat credit were incorrect. The Tribunal acknowledged the appellants' claims, citing precedents and noting that adjustments for Modvat credit should have been made, providing relief to the manufacturers on these grounds.Penalties Imposed under Section 11AC:Penalties equal to the duty demanded were imposed on the appellants under Section 11AC. The Tribunal deemed the penalties excessive and required re-consideration in light of the re-computed duty liabilities. It highlighted that penalties need not always match the short-levy amount and set aside individual penalties on specific individuals involved in the manufacturing units.Interest Demand under Section 11AB:The judgment confirmed the demand for interest under Section 11AB, aligning with the short-levy circumstances in the case. The Tribunal upheld the denial of small scale exemption, duty demands, penalties, and interest demand but remanded the case for re-computation of duty demands and re-determination of penalties, while setting aside individual penalties under Rule 209A.This detailed analysis of the judgment from the Appellate Tribunal CEGAT, New Delhi, provides a comprehensive overview of the issues addressed and the Tribunal's findings on each aspect of the case.
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