2002 (1) TMI 518

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.... for the Respondent. [Order per : V.K. Agrawal, Member (T)]. - This appeal has been filed by M/s. Vikas Rubber Products against the Order-in-Appeal No. 1630/2000, dated 24-11-2000 in which Commissioner (Appeals) has confirmed the confiscation of 236 pieces of Rice Rubber Rolls with an option to redeem the same on payment of fine of Rs. 56,000/- and penalty of Rs. 50,000/-. 2. When th....

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.... imposed penalty on the ground that the impugned goods were bearing brand name 'SUPER FIVE STAR' belonging to Vishal Rubber Products. The Appellants, further, submitted that they have never misused the brand name of other person; that as one of their die was broken an old die was used in its place; that on account of use of old die the goods were embossed with name 'SUPER FIVE STAR'; that only 54 ....

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....ce Rubber Roll were bearing the brand name 'SUPER FIVE STAR' belonging to other person. Shri H.L. Kapur, the partner of the Appellants in his statement has stated that the name 'Super Five Star' appeared on 54 pieces on account of old die and that the sticker bearing brand name 'Super Five Star' had not been affixed intentionally and labour might have used the sticker by mistake as they are uneduc....