2016 (11) TMI 183

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....the case in hand is regarding the benefit of SSI exemption to appellant. The appellant herein has their own products and also manufacturing some medicaments showing brand name owned by M/s Starcase Pharmaceuticals, and availing SSI exemption for all the products manufactured and cleared. It is the case of Revenue that appellant is ineligible for benefit of Notification No. 8/99 dated 01.03.1999 in respect of the goods branded with some other person. It is the case of appellant that they had executed an agreement with M/s Starcase Pharmaceuticals by which the brands were assigned to appellant for consideration of a sum of Rs. 50,000/- which entitled only appellant to use the Brand name and trade marks which are assigned to them. The adjudica....

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.... in favour of the assignee appellant. It is an admitted fact that the trade mark Bullworker was registered in the name of erstwhile owner. While the assignment deed dated 24-6-99, the erstwhile owner who happens to be the assignor have agreed to assign and transfer to the assesses before us, the trade mark Bullworker and have also agreed to do all acts necessary to register the same in favour of and in the name of the assignees the appellant before us with the Registrar of Trade Marks, Mumbai. By the said assignment, it was also agreed to by the assignor to hand over to the assignee the formula for manufacturing the said product known as Bullworker and have agreed not to directly or indirectly manufacture sale or distribute the product them....