ORDER
Jyoti Balasundaram, Vice-President
1. In the above appeal, the appellants are aggrieved by the imposition of penalty of Rs. 15,000/-. They do not dispute the liability to pay the duty of Rs. 88,708/- which has been confirmed on the ground that they cleared PVC pipes of various dimensions bearing the word “Ratna” which was the brand name of Ratna Plastics as the result of denial of SSI exemption in terms of Notification 1/93.
2. We have heard both sides and gone through the written submission filed on behalf of the appellants. The explanation given by the appellant is that “Ratna” is traditionally used as a prefix word for all their family concerns; such as Ratna Plastics Ltd., Ratna Timber Depot, Ratna Ice Factory, Ratna Cold Storage etc., and they were under bona fide belief that “Ratna” is not a brand name. They submit that there was no intention to evade payment of duty.
3. We accept the plea of bona fide belief in the use of name “Ratna” and, therefore, agree with the appellants that this is not a fit case for penalty; accordingly, we set aside the same. The appeal is partly allowed as above.