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december 2004

Supreme Court of India · 2004-12-08

COMMNR.OF CENT.EXCISE,CALCUTTA vs M/S.EMKAY INVESTMENTS (P)LTD.

Citation / case number
SC 1999/3630
Court
Supreme Court of India
Petitioner
COMMNR.OF CENT.EXCISE,CALCUTTA
Respondent
M/S.EMKAY INVESTMENTS (P)LTD.
Author
AR. Lakshmanan
Bench
B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court addressed appeals against the Central Excise & Gold (Control) Appellate Tribunal's ruling regarding the eligibility for exemption under Notification No. 175/86-CE. The Court held that the use of the brand/logo 'MERINO' by the respondents, associated with a large-scale manufacturer, disqualified them from the exemption benefits as per clause 7 of the Notification. Consequently, the Court upheld the Tribunal's decision to allow the appeals of the respondents, affirming their entitlement to the exemption despite the brand association.

COMMNR.OF CENT.EXCISE,CALCUTTA vs M/S.EMKAY INVESTMENTS (P)LTD. · Niyam