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february 2006

Supreme Court of India · 2006-02-02

COMMNR. OF CENTRAL EXCISE, RAIPUR vs M/S. HIRA CEMENT

Citation / case number
SC 2004/11778
Court
Supreme Court of India
Petitioner
COMMNR. OF CENTRAL EXCISE, RAIPUR
Respondent
M/S. HIRA CEMENT
Author
S.B. SINHA
Bench
P.K. BALASUBRAMANYAN S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the applicability of excise duty exemptions under Section 5A of the Central Excise Act, 1944, specifically regarding the definition of 'brand name' and the relationship between two cement manufacturing units. The Court held that the exemption does not apply when a manufacturer uses a brand name of another entity that is not eligible for the exemption, emphasizing the need for clear separation between related parties. The appeal was dismissed, affirming the Tribunal's decision that Hira Cement was not entitled to the exemption due to its connection with Hira Industries Ltd.

COMMNR. OF CENTRAL EXCISE, RAIPUR vs M/S. HIRA CEMENT · Niyam