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july 2006

Supreme Court of India · 2006-07-31

M/S. REIZ ELECTROCONTROLS PVT. LTD. vs COMMNR. OF CENTRAL EXCISE, DELHI-I

Citation / case number
SC 2003/10159
Court
Supreme Court of India
Petitioner
M/S. REIZ ELECTROCONTROLS PVT. LTD.
Respondent
COMMNR. OF CENTRAL EXCISE, DELHI-I
Author
ARIJIT PASAYAT
Bench
LOKESHWAR SINGH PANTA ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the Tribunal's decision denying small scale exemption to Reiz Electrocontrols Pvt. Ltd. and Reiz Enterprises under the Central Excise Act, 1944, citing Notification No. 1/93 which disallows exemption for goods manufactured under a brand name of another person. The Court clarified that the brand name 'REIZ' was owned by M/s RE until its transfer to REPL in 2000, making REPL ineligible for the exemption. The case was remanded for recalculation of duty and penalties, while penalties on individuals were set aside.

M/S. REIZ ELECTROCONTROLS PVT. LTD. vs COMMNR. OF CENTRAL EXCISE, DELHI-I · Niyam