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Supreme Court of India 2018-02-13 allowed

RDB Textiles Ltd vs Commissioner of Central Excise and Service Tax, Kolkata-IV Commissionerate

Bench: 2 — R.F. Nariman

In Brief

Jute textile manufacturers supplied branded jute bags to government food distribution agencies under compulsory markings specified by the Jute Commissioner. The revenue denied excise duty exemption (2011-13), arguing that buyer names and logos on bags constituted 'brand names' under the exemption notification. The Supreme Court allowed the appeal, holding that compulsory governmental markings for identification do not meet the legal definition of 'brand name', which requires intent to indicate a commercial trade connection. Since no such commercial purpose existed, the jute bags remained exempt from excise duty. The Court distinguished Kohinoor Elastics and upheld the binding authority of the Finance Ministry's clarifying circular.

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Excise Law Tariff and Duties Jute Industry Central Excise Act Brand Name Definition Essential Commodities

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