1999 (2) TMI 308 - AT - Central Excise

Commissioner dismisses appeals for non-compliance. Tribunal rules Oxygen not branded. Waiver granted, appeals remanded.

The Commissioner (Appeals) dismissed the appellant's appeals due to non-compliance with the pre-deposit order. The tribunal found the appellant's argument ... Stay/Dispensation of pre-deposit - Brand name Issues:1. Stay application seeking waiver of pre-deposit.2. Compliance with stay order under Section 35F of the Act.3. Eligibility for benefit under Notification Nos. 175/86 and 1/93.4. Interpretation of markings on cylinders under Gas Cylinder Rules.5. Comparison with previous judgments on similar issues.6. Consideration of waiver of pre-deposit balance.7. Remand for de novo consideration of appeals on merits.Analysis:1. The appellant sought a waiver of pre-deposit totaling Rs. 19,39,392 against a demand of Rs. 25,39,392.96 and a penalty. The Commissioner (Appeals) dismissed their appeals for non-compliance with the pre-deposit order of Rs. 12,00,000.2. The appellant had pre-deposited Rs. 6,00,000 and argued for modification of the pre-deposit amount due to a strong prima facie case and financial hardship. They claimed entitlement to benefits under Notification Nos. 175/86 and 1/93.3. The appellant contended that markings on cylinders were in compliance with Gas Cylinder Rules and not indicative of a brand name, citing relevant case law. They argued that the goods were Oxygen without any specific trade or brand name.4. The respondent argued that the markings on cylinders should be recognized as a trademark, referencing a previous tribunal decision involving brand names on goods.5. The tribunal differentiated the present case from the previous one, noting that the Oxygen manufactured by the appellant did not have a brand name or trade name. They relied on the Supreme Court judgment in Astra Pharmaceuticals (P) Ltd. to support their decision.6. The tribunal waived the pre-deposit balance, except for the amount already paid, considering it sufficient for the appeal hearing before the Commissioner (Appeals).7. The appeals were remanded to the Commissioner (Appeals) for de novo consideration on merits, directing a review of the appeals in accordance with the law.This detailed analysis covers the issues raised in the judgment, including the pre-deposit waiver, compliance with orders, eligibility for benefits, interpretation of markings, comparison with prior judgments, waiver consideration, and the remand for further review.