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november 2006

Supreme Court of India · 2006-11-28

COMMISSIONER OF CENTAL EXCISE,CHANDIGARH vs M/S. KHANNA INDUSTRIES .

Citation / case number
SC 2000/21140
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CENTAL EXCISE,CHANDIGARH
Respondent
M/S. KHANNA INDUSTRIES .
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the decision of the Customs, Excise & Gold (Control) Appellate Tribunal regarding the eligibility of the respondents for exemption under Notification No.175/86-CE. The Court found that the stylised brand name 'ARK' was indeed a trade name of M/s. Arkson Pvt. Ltd., and thus the respondents were not entitled to the exemption as they were affixing the brand name of another entity. The Court confirmed the imposition of duty and penalties by the Additional Commissioner, emphasizing the importance of compliance with the Central Excise Rules, 1944 and the necessity of holding a valid L-4 licence for exemption eligibility.

COMMISSIONER OF CENTAL EXCISE,CHANDIGARH vs M/S. KHANNA INDUSTRIES . · Niyam