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    <title>2000 (3) TMI 668 - CEGAT, NEW DELHI</title>
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    <description>Small scale exemption under Notification No. 1/93-C.E. could be denied for use of a brand name only if the goods bore a brand name belonging to another person. The Revenue had to prove with evidence that the mark was owned by a third party and was being used as that person&#039;s brand name. As no material established such ownership, the bar in paragraph 4 did not apply, and the demand and penalties based on that assumption could not stand. The appeals therefore succeeded.</description>
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      <link>https://www.taxtmi.com/caselaws?id=97487</link>
      <description>Small scale exemption under Notification No. 1/93-C.E. could be denied for use of a brand name only if the goods bore a brand name belonging to another person. The Revenue had to prove with evidence that the mark was owned by a third party and was being used as that person&#039;s brand name. As no material established such ownership, the bar in paragraph 4 did not apply, and the demand and penalties based on that assumption could not stand. The appeals therefore succeeded.</description>
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