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Supreme Court of India · 2007-03-14

M/S. MEGHRAJ BISCUITS INDUSTRIES LTD. vs COMMNR. OF CENTRAL EXCISE, U.P.

Citation / case number
SC 2001/60106
Court
Supreme Court of India
Petitioner
M/S. MEGHRAJ BISCUITS INDUSTRIES LTD.
Respondent
COMMNR. OF CENTRAL EXCISE, U.P.
Author
KAPADIA
Bench
B. SUDERSHAN REDDY S.H. KAPADIA

Judgment text excerpt

The Supreme Court, while adjudicating on civil appeals under Section 35L of the Central Excise Act, 1944, held that the appellants were not entitled to the benefit of SSI Notification No.1/93-CE due to their use of the registered trademark 'Meghraj', owned by Kay Aar Biscuits (P) Ltd. The Court emphasized that the use of a trademark belonging to another entity disqualifies the user from claiming exemptions under the relevant notifications. Consequently, the demand for differential duty and short paid duty was upheld, affirming the lower authorities' decisions.

M/S. MEGHRAJ BISCUITS INDUSTRIES LTD. vs COMMNR. OF CENTRAL EXCISE, U.P. · Niyam