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february 2004

Supreme Court of India · 2004-02-17

Commissioner Of Central Excise, ... vs Mahaan Dairies

Citation / case number
AIRONLINE 2004 SC 142
Court
Supreme Court of India
Petitioner
Commissioner Of Central Excise, ...
Respondent
Mahaan Dairies
Bench
S.N. Variava, H.K. Sema

Judgment text excerpt

The Customs, Excise & Gold (Control) Appellate Tribunal held that the respondents are not entitled to the exemption under Notification No. 8/98-CE due to the use of the brand name 'Mahaan', which is a registered trademark of M/s. Mahaan Foods Ltd. The Tribunal clarified that the addition of the words 'Taste Maker' does not alter the fact that the brand name of another company is being used, thus disqualifying the respondents from the exemption. The decision in Rukmani Pakkwell Traders was overruled, affirming that strict compliance with the Notification's terms is necessary to claim benefits.

Commissioner Of Central Excise, ... vs Mahaan Dairies · Niyam