Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/CASE LAW/2016-17/3151

Whether putting initials on product lead to denial of SSI exemption ?

Case:-COMMISSIONER OF C. EX., ROHTAK VERSUS YATHARTHA YANTRA UDYOG
 
Citation:-2016 (334) E.L.T. 117 (Tri. - Del.)

 Brief Facts:-The respondents are manufacturer of bolts under sub-Heading 7318.10 of Central Excise Tariff Act, 1985. The period of dispute is from 1-4-1998 to 30-8-2001. During the period of dispute, they were availing SSI exemption. Certain quantities of bolts were cleared to their customers by putting their initial - VF, RE, TVS, DECENT, H.F., J.P.F. and POOJA FORGE. The department was of the view that these marks have to be treated as trade name or brand names belonging to other persons and hence the goods bearing these marks would not be eligible for SSI exemption and it is on this basis that the show cause notice was issued to the respondent for denying SSI exemption in respect of the goods bearing marks mentioned above, the demand of duty along with interest and also for imposition of penalty. The matter was adjudicated by the Joint Commissioner who vide Order-in-Original dated 10-6-2004 dropped the proceedings holding that the marks - VF, RE, TVS, DECENT, H.F., J.P.F. and POOJA FORGE are not the brand names but are only marks for the purpose of identification of the goods consigned to the customers.
Aggrieved with this order, the Revenue filed an appeal before the Commissioner (Appeals) against the Joint Commissioner’s order. The Commissioner (Appeals) vide Order-in-Appeal dated 3-3-2006 rejected the appeal of the Revenue. Against this order of CCE (Appeals), this appeal has been filed by the Revenue.
None appeared on behalf of the respondent, though the notice of hearing was issued to them well in time. Accordingly, in terms of Rule 21 of CESTAT (Procedure) Rules, 1982, so far as the respondents are concerned, the matter is being decided ex parte.

Appellant Contention: The learned Departmental Representative assailed the impugned order of the Commissioner (Appeals) and cited the decision of the Apex Court in the case of Unison Electronics Pvt. Ltd. v. CCE, Noida - 2009 (235) E.L.T. 206 (S.C.) wherein the Apex Court upheld the Tribunal’s order holding that when the goods were bearing stickers with words UTS and TSN which were brand name of others, the same would not be eligible for SSI exemption. He, therefore, pleaded that the impugned order is not correct.
 
Reasoning of Judgment: We have considered the submissions of learned DR have gone through the records of this case. The respondent have cleared certain quantity of bolts manufactured by them to their customers by affixing the marks - VF, RE, TVS, DECENT, H.F., J.P.F. and POOJA FORGE. There is no dispute that these marks are the initials of the customers. For example, RE is the initial for M/s. Renuka Enterprises, PF is the initial for M/s. Precision Forging & Stamping, VF is the initial for M/s. Vignesh Fasteners, etc. In the case of Unison Electronics Pvt. Ltd. (supra), the assessee was clearing the goods to United Tele Shopping (UTS) and Teleshopping Network (TSN) by putting the stickers with marks of - UTS and TSN and in that case, the Tribunal held that marks UTS and TSN have to be treated the brand name of other persons. This judgement of the Tribunal has been upheld by the Apex Court. In Tribunal’s view, the judgement of Apex Court in the case of Unison Electronics Pvt. Ltd. (supra) is applicable to the facts of this case.
Following the judgement of the Apex Court, we hold that the Commissioner (Appeals)’s order is not correct and the goods with marks - VF, RE, TVS, DECENT, H.F., J.P.F. and POOJA FORGE have to be treated as the goods bearing the brand name of other persons and the same would not be eligible for SSI exemption. Besides this, we also find that the Apex Court in case of Grasim Industries Ltd. reported in 2005 (183) E.L.T. 123 (S.C.) has held that the cement manufactured and cleared by M/s. Dharani Cements Ltd., a subsidiary of M/s. Grasim Industries Ltd. will not be eligible for exemption Notification No. 5/98-C.E., as the bags manufactured and cleared by them were marked “manufactured by Dharani Cements Ltd., a subsidiary of Grasim Industries” and these words on the cement bags cleared by M/s. Dharani Cements Ltd. are to be treated as use of brand name of M/s. Grasim industries Ltd. In that case, the benefit of Notification No. 5/98-C.E. was subject to be condition that the cement bags cleared do not bear the brand name/trade name, whether registered or not, of another person. This judgement of the Apex Court is also squarely applicable to the facts of this case. In view of this, the duty demand of Rs. 9,55,181/- against the respondent is confirmed alongwith interest on it under Section 11AB and besides this, penalty of equal amount is imposable on them under Section 11AC. The seized goods valued at Rs. 39,600 and raw material valued at Rs. 34,725/- is also ordered to be confiscated with an option to redeem the same on payment of redemption fine of Rs. 5,000/-. Since the penalty has been imposed under Section 11AC, no penalty is imposable on the proprietor of the respondent company under Rule 26. The Revenue’s appeal is accordingly allowed.

Decision:  Appeal allowed.

Comment:The gist of the case is that affixing initials on the product also indicate use of brand name of other and consequently, the benefit of SSI exemption is not available as defined in notification no. 08/2003-CE. This view is supported by decision given in the case of Unison Electronics Pvt. Ltd. and Grasim Industries Ltd.
 
Prepared by: Mahesh Parmar
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com