Supreme Court of India

Commissioner of Central Excise, Chennal-ii Commissionerate, Chennai v. M/s. Australian Foods India (p) Ltd., Chennai

Neutral citation
Reported as [2013] 1 S.C.R. 932
Bench D.K. Jain and Jagdish Singh Khehar JJ.
Decided 14 January 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that it is not necessary for goods to D be stamped with a trade or brand name to be considered as branded goods under the SSI notification, discussed above.

Judgment, page 18

From the headnote

Excise - Cookies sold by assessee at its outlet - Use of brand name "cookie man" on sale of cookies in plastic pouches/containers - Entitlement of assessee-respondent to benefit of small scale exemption in respect of cookies sold loosely from the counter of the retail outlet - Held: Not entitled - It is not necessary for goods to be stamped with a trade or o brand name to be considered as branded goods under the SS/ notification - scrutiny of the surrounding circumstances is not only permissible, but necessary to decipher the same - One fails to see how the same branded cookies, sold in

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