August 25, 2005 -- Nothing like a feisty spat to liven up the music industry's summer doldrums.

The cast of characters include an indie label, a major record company, the Recording Industry Association of America and the industry bible Billboard.

At issue is whether the RIAA had the right to certify that the rock band Taking Back Sunday — which was formerly on indie label Victory Records but jumped ship to Warner Bros. Records — was entitled to receive a "gold" record plaque for its album "Where You Want To Be."

Tony Brummel, the rambunctious Victory Records chief always eager to take shots at the major labels, charges he never supplied the sales data nor authorized the RIAA to certify the album as gold. The RIAA's stated policy is that only the "authorized record company" can purchase RIAA award plaques.

"We didn't supply anything," Brummel told The Post. "There was no reason to certify it. We're assuming it's the band and their new friends at Warner Bros."

No one disputes that the album, which was released last year, sold the requisite 500,000 copies to be deemed a gold record.

Brummel freely acknowledges that he chose not to have the album certified — despite the band's request — because he didn't want to do the band any favors after they bailed on him and signed with Warner.

He said it was a decision he had every right to make, and is now considering suing the RIAA. "I've never heard of this," he said. "Another label has assisted in the certification of a record that doesn't belong to them."

An RIAA statement acknowledges that the album was certified based on records provided by Warner Bros., even though the album is owned by Victory — something a source close to the matter said is highly unusual, and may be unprecedented in the 47 years that the RIAA has been certifying albums.

"The RIAA certified Taking Back Sunday's 'Where You Want To Be' based on a request from the record company," an RIAA spokesman said. "Warner Bros. requested that we commission an audit of the band's royalty statements provided to them by the former label, Victory Records."

The band's manager, Jillian Newman, of Amp Management in Los Angeles, wrote in an e-mail to The Post: "Can someone please explain what legitimate reason exists to deny a gold record — the industry standard of recognition and appreciation — to the people involved with this release, including the label staff, if the sales are accurate?"

Meanwhile, Brummel — peeved that Billboard hadn't covered the story — complained in an e-mail to the publication on Tuesday that "I would get more takeaway from 'American Farmer' magazine." He also asked that Billboard stop including Victory albums in its chart lists.