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2002 DIGILAW 578 (SC)

INDIAN MANAGEMENT ADVISORS and LEASING (P) LTD. v. COLLECTOR OF CENTRAL EXCISE, DELHI

2002-04-16

N.S.HEGDE, S.P.BHARUCHA, SHIVARAJ V.PATIL

body2002
( 1 ) THE question in these appeals relates to an exemption notification which contains this statement:"7. The exemption contained in this notification shall not apply to the specified goods where a manufacturer affixes the specified goods with a brand name or trade name (registered or not) of another person who is not eligible for the grant of exemption under this notification: provided that nothing contained in this paragraph shall be applicable to the specified goods which are component parts of any machinery or equipment or appliances and cleared from a factory for use as original equipment in the manufacture of the said machinery or equipment or appliances and the procedure set out in Chapter X of the said Rules is followed: provided further that nothing contained in this paragraph shall be applicable to the specified goods where a manufacturer affixes the specified goods with a brand name or trade name (registered or not) of the Khadi and Village Industries Commission or of the State Khadi and village Industries Board. " ( 2 ) IN our view, the interpretation is plain. If a manufacturer affixes to the specified goods a brand or trade name of another person who is eligible for the grant of the exemption under the notification, he is not debarred from getting the exemption; but if he affixes to the specified goods the brand or trade name of a person who is not eligible for the grant of that exemption, he is not entitled to avail of that exemption himself. A person who is not a manufacturer and who, therefore, does not pay excise duty is a person who is not eligible for the grant of the exemption under the notification. If the manufacturer has affixed to the specified goods a brand or trade name belonging to such person, he renders himself ineligible to get the exemption under the notification. ( 3 ) THE civil appeals, therefore, fail and are dismissed. ( 4 ) NO order as to costs. Civil Appeal No. 901 of 1995 ( 5 ) ). On the application of learned counsel for the appellant, the civil appeal is dismissed as withdrawn. ( 6 ) NO order as to costs.