Supreme Court of India · 2013-01-14
Commissioner Of Central Excise, ... vs M/S. Australian Foods India Private Ltd
- Citation / case number
- AIR 2013 SUPREME COURT 1057
- Court
- Supreme Court of India
- Petitioner
- Commissioner Of Central Excise, ...
- Respondent
- M/S. Australian Foods India Private Ltd
- Author
- D.K. Jain
- Bench
- D.K. Jain, Jagdish Singh Khehar
Judgment text excerpt
The Supreme Court addressed whether the manufacture and sale of goods without a physical brand name disqualifies an assessee from the benefits of S.S.I. Notification No. 1/93-C.E. The Court held that the absence of a brand name on the goods themselves, despite being sold from branded outlets, does not negate eligibility for small scale exemption under the notification. The Court affirmed the Tribunal's decision that the assessee was entitled to the exemption as the goods sold loosely did not bear a brand name, thus upholding the lower authority's findings.