2009 (5) TMI 265

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....ps bearing the name plates "VK - Triplex Plunger Pump" and one cast back cover bearing the symbol 'K' in the premises. Officers seized the goods as they bore the brand name of another and would serve us material evidence under the Central Excise law. Investigation was conducted into the transactions of MPPL and statements obtained from Director of the appellant-firm as well as Director of M/s. V.K. Pumps Industries Pvt. Ltd. Bombay (VKPL). It was tentatively found that the appellants had engaged in the manufacture and clearance of excisable goods availing inadmissible exemption under Notification No. 1/93-C.E., dated 28-2-1993. After due process of law, the original authority found that the appellants had manufactured and cleared simplex, d....

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....with the contentions raised by the appellants. The confiscation of the goods was not sustainable as the goods had been seized not on the ground that the officer concerned had a reasonable belief that the goods were intended for clandestine removal; the same had been seized as material evidence under the Central Excise law. The seized pumps did not bear the letter 'K'. The finding to the contra contained in the order of the original authority was without any basis or evidence. The show-cause notice did not contain such an allegation. The confiscation of the seized goods therefore was not sustainable. It is also submitted that the cast back cover seized had been a bought out item which carried the mark 'K'. 3. The subject proceedings had b....

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....'K', the lower half of which are two solid lines and the upper half rows of parallel lines belonged to VKPL. As rightly pointed out by the learned Counsel for the appellants, the show-cause notice had not alleged that the logo 'K' used by the appellants had been a brand name owned by VKPL. Moreover, the appellants are not shown to have used the logo 'K' written in the peculiar design and style, embossed on the pumps manufactured by VKPL, had been embossed on pumps manufactured by the appellants. The appellants had got cast back covers of pumps manufactured and cleared by them using a mould having a provision to generate a solid 'K' on the casting. This alphabet 'K' cannot be claimed to be owned by any particular person. Therefore, the alleg....