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december 2004

Supreme Court of India · 2004-12-08

Commissioner Of Central Excise, ... vs M/S. Emkay Investments (P) Ltd.&Anr;

Court
Supreme Court of India
Petitioner
Commissioner Of Central Excise, ...
Respondent
M/S. Emkay Investments (P) Ltd.&Anr;
Author
Ar. Lakshmanan
Bench
S.N. Variava, Ar. Lakshmanan, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the use of the logo 'MERINO' by the respondents, who manufacture plywood under their own brand name 'Pelican', disqualified them from the benefits of Notification No. 175/86-CE due to the association with a large-scale manufacturer, M/s Merinoply and Chemicals Ltd., which is not entitled to the exemption. The Court affirmed the Central Excise & Gold (Control) Appellate Tribunal's decision, emphasizing that the presence of the 'MERINO' logo indicated a connection that violated the exemption criteria outlined in clause 7 of the Notification. The appeals were dismissed, upholding the Tribunal's ruling.

Commissioner Of Central Excise, ... vs M/S. Emkay Investments (P) Ltd.&Anr; · Niyam