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    <title>2002 (4) TMI 804 - COMMISSIONER OF CENTRAL EXCISE (APPEALS), KOLKATA-</title>
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    <description>Branded elastic tapes made to the specification of hosiery manufacturers for exclusive use in finished articles were not denied Small Scale Industry exemption merely because they bore the customer&#039;s brand name. The operative test was whether the goods were marketed and traded as branded goods in the open market; on the stated facts, they were manufactured only to order as components and not sold as standalone marketable goods. The brand-name restriction was therefore inapplicable, and the demand, penalty and interest were held unsustainable.</description>
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      <description>Branded elastic tapes made to the specification of hosiery manufacturers for exclusive use in finished articles were not denied Small Scale Industry exemption merely because they bore the customer&#039;s brand name. The operative test was whether the goods were marketed and traded as branded goods in the open market; on the stated facts, they were manufactured only to order as components and not sold as standalone marketable goods. The brand-name restriction was therefore inapplicable, and the demand, penalty and interest were held unsustainable.</description>
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