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.