https://www.taxtmi.com/caselaws?id=110632 A prominently displayed name on goods can amount to a brand name or trade name if it indicates commercial connection, so exemption under Notification No. 75/87-C.E. was denied where the embossed name belonged to another person. Goods used in refrigerating or air-conditioning machinery were also excluded from exemption under Notification No. 1/93-C.E., and that denial was upheld. Penalty under Section 11AC of the Central Excise Act, 1944 was not sustainable for the relevant period because the provision had not then come into force. The assessable value had to be reworked after allowing deduction for duty element, and Modvat credit under Rule 57A required fresh examination by the adjudicating authority. en-us Wed, 07 Jan 2004 00:00:00 +0530 Tue, 17 Apr 2012 18:11:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=110632 A prominently displayed name on goods can amount to a brand name or trade name if it indicates commercial connection, so exemption under Notification No. 75/87-C.E. was denied where the embossed name belonged to another person. Goods used in refrigerating or air-conditioning machinery were also excluded from exemption under Notification No. 1/93-C.E., and that denial was upheld. Penalty under Section 11AC of the Central Excise Act, 1944 was not sustainable for the relevant period because the provision had not then come into force. The assessable value had to be reworked after allowing deduction for duty element, and Modvat credit under Rule 57A required fresh examination by the adjudicating authority. Case-Laws Central Excise Wed, 07 Jan 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=110632