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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 mills manufacturing bags for the Food Corporation of India and State Governments under the Public Distribution System were denied excise exemption for printing buyers' names and logos on the bags, with the Revenue treating this as use of "brand name". The Supreme Court held that merely affixing statutory markings required by the Jute Commissioner for identification and monitoring purposes does not constitute a "brand name" under excise law. A brand name requires intention to indicate a commercial trade connection; compulsory government-mandated markings serve only administrative purposes and do not enhance commercial value. The Court set aside the assessment and reinstated exemption, distinguishing the case from Kohinoor Elastics where the customer wanted the brand name affixed for commercial purposes.

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Excise Duty Jute Industry Brand Name Public Distribution System Exemption Notification

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