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december 2010

Supreme Court of India · 2010-12-16

COMMNR. CENTRAL EXCISE, DELHI vs M/S. ACE AUTO COMP. LTD.

Citation / case number
SC 2003/3883
Court
Supreme Court of India
Petitioner
COMMNR. CENTRAL EXCISE, DELHI
Respondent
M/S. ACE AUTO COMP. LTD.
Author
D.K. JAIN
Bench
D.K. JAIN,H.L. DATTU, , ,

Judgment text excerpt

The Supreme Court upheld the Tribunal's decision granting the respondent, a small scale industrial unit, the benefit of Notifications Nos. 1/93-CE and 16/97 under the Central Excise Act, 1944. The Court clarified that the use of the TATA brand name on products does not disqualify the assessee from claiming excise exemptions, as the brand association does not necessitate direct sales to the brand owner. The Court ruled that the assessee's products, although branded with TATA, were eligible for the SSI benefits under the cited notifications, thereby reversing the Adjudicating Authority's order imposing duty and penalties.

COMMNR. CENTRAL EXCISE, DELHI vs M/S. ACE AUTO COMP. LTD. · Niyam